m 



'III 









m^i 




Glass SH 3^5 

Book ^ OlPiS 



V^ 



PUBLISHED BY AUTHORITY 



LAWS OF OREGON 

Pertaining to 

Fish and the Fishing Industry 



As Compiled by 

H. c. McAllister 

Master Fish Warden 



INDEXED 







SALEM^ OREGON 

WILLIS S. DUNIWAY, STATE PRINTER 

1909 



PUBLISHED BY AUTHORITY 



Fish and the Fisliiiii>- Industry 



LAWS OF OREGON 

It 

Pertaining to 



As Compiled by 

H. c. McAllister 

Master Fish 'Warden 



INDEXED 







SALEM, OREGON 
WILLIS S. DUNIWAY, STATE PRINTER 

1909 



s 



^^'^0 

0^"* 



D. OF D. 

DEC 18 1909 






COMPILER'S NOTE 



In the compilation of these laws, the sections have been 
arbitrarily numbered, care beinec had, however, to denote 
the sections of B. & C. Code shown in parentheses prefacing 
the text, and to also note in brackets at the end of each 
section the book and page of the session law where the 
act may be found. 

Care has been taken to note after each penal section 
the portion of this compilation in which the penalty may 
be found. 



SENATE CONCURRENT RESOLUTION No. 23 



Be it resolved by the Senate, the House concun~ing : 

That the Master Fish Warden is hereby authorized and 
directed to annotate and compile the laws pertaining to 
the fishing industry of the State of Oregon, and the State 
Printer is hereby authorized and directed to print in 
pamphlet form 3600 copies thereof; said compilation to 
contain all the laws in force relating to the fishing 
industry, including the enactment of this session of the 
Legislature. When printed they shall be delivered to the 
Secretary of State for gratuitous distribution to such 
persons as apply therefor. 

Filed in the office of the Secretary of State February 
23, 1909. 



LAWS OF OREGON 

Pertaining to 



Fish and the Fishing Industry 



BOARD OF FISH COMMISSIONERS. 

§ 1. (B. & C. Code 4078.) Authorized to Appoint 
Fish Wa)-de7i, Deputu and Special Deputy — 
Duties and Compensation of Wardens. 
The Governor, Secretary of State, and State 
Treasurer are hereby created a Board of Fish 
Commissioners. It shall be the duty of such Fish 
Commissioners to appoint one Master Fish War- 
den, and also one deputy, who shall be known as 
Deputy Fish Warden, who shall have the same 
power and authority for enforcement of the law 
as the Master Fish Warden. They shall hold their 
offices at the pleasure of the Board of Fish Com- 
missioners, who may summarily remove them 
whenever in their judgment they shall deem such 
a change for any cause advisable. Before entering 
upon the duties of his office, the said Master 
Fish Warden shall file with the Secretary of State 
a bond, to be approved by the board, in the sum 
of $25,000, with two or more sureties, conditioned 
for the faithful performance of his duties as pre- 
scribed in this act. His compensation shall be 
$2,500 per year, to be paid quarterly from the 
general fund, and he shall be allowed for hire of 
patrol boats and his actual traveling expenses. 



Fish Laivs of Oregon 



office, and other necessary expenses in the per- 
formance of his duties, the sum of $1700 per year, 
to be paid from the said fund. The Deputy Fish 
Warden shall, before entering upon his duties, 
execute a bond with one or more sureties, to be 
a]^proved by the board, in the sum of $1,000 to 
the State of Ore.eon, conditioned for the faith- 
ful performance of his duties. The Deputy Fish 
Warden shall devote his entire time and atten- 
tion to the fish industry of the State, under the 
direction of the board and supervision of the 
Master Fish Warden, and shall receive a salary 
of $1,000 per year, payable quarterly from said 
fund, and he shall be allowed for his actual travel- 
ing expenses while in the performance of his 
duties, the sum of $500 ver annum. The Board 
of Fish Commissioners is hereby authorized to 
appoint a special deputy for any stream in the 
State, who shall be known as "Water Bailiff," 
and v/ho shall reside in the vicinity of said stream 
for which he is appointed. Such water bailiff 
shall have the power to enforce the fish law^s in 
any part of the State, under the direction of the 
master or deputy wardens. The special de'outy 
shall receive the sum of $3.00 per day while in 
the actual performance of his duties, and shall 
receive for his actual traveling exoenses, uoon 
vouchers for the same, not to exceed $2.00 ner day, 
while in the performance of his duties, the same 
to be paid out of the "hatcherv fund." [L. 1901, 
p. 334, § 16.] 

§ 2. Appointment of Deputy Fish Warden for 
Fisliing District No. 2. 
For the purpose of enforcing the ])rovisions of 
the laws protecting the fishing industry of the 



Fish Laws of Oregon 



State of Oregon, the Board of Fish Commissioners 
is hereby authorized to appoint one deputy fish 
warden for fishing district No. 2, who shall be 
a resident of said district, and shall have the same 
power and authority for the enforcement of the 
fishing laws of the State as the Master Fish 
Warden, and shall devote his entire time and 
attention to the fishing industry of the State, 
under the direction of board and supervision of 
the Master Fish Warden. He shall receive a 
salary of $1,000 per annum, payable quarterly 
from the general fund, and shall be allowed for 
actual traveling expenses while in the perform- 
ance of his duties, not to exceed the sum of $500 
per annum, payable from said fund. He shall 
hold his office at the pleasure of the Board of 
Fish Commissioners, who may summarily remove 
him whenever, in their judgment, they shall deem 
a change for any cause advisable. Before enter- 
ing upon the duties of his office he shall file with 
the Secretary of State a bond to be approved by 
the board, in the sum of $1,000, with one or 
more sureties, conditioned for the faithful per- 
formance of his duties. [L, 1907, p. 368, § 1.] 

§ 3. Apvointmemt of Clerk. 

The Master Fish Warden of the State of Ore- 
gon is hereby authorized to appoint a clerk for 
the State Fish Warden's office, who shall keep 
the books of the office and the accounts with the 
different state hatcheries, and all other duties con- 
nected with the office, under the direct suDervlsion 
of the Master Fish Warden. Such clerk shall 
devote his entire time and attention to the fishing 
industry of the State of Oregon, and shall receive 
therefor a salary of one thousand dollars ($1,000) 



Fish Laws of Oregon 



per annum, payable quarterly from the general 
fund. 

Before entering upon the duties of the office 
said clerk shall execute a bond with one or more 
sureties, to be approved by the Master Fish 
Warden, in the sum of $2,000, to the State of 
Oregon, conditioned for the faithful performance 
of the duties thereof. Such clerk shall hold office 
at the pleasure of the Master Fish Warden, and 
may be summarily removed by him whenever, in 
his judgment, he shall deem such a change for 
any cause advisable. [L. 1907, p. 48, § 1.] 

§ 4. Patrol Boats for Columbia River and Tribu- 
taries. 
There is hereby appropriated from any moneys 
in the state treasury, not otherwise appropriated, 
the sum of $5,000, or as much thereof as may be 
necessary, for the purpose of building, construct- 
ing, equipping, and furnishing one or more 
gasoline patrol boats, built especially for patrol 
work amon^- the fishers on the Columbia Eiver 
and its tributaries. [L. 1907, p. 19, § 1.] 

§ 5. Construction of Patrol Boats. 

The plan and construction of said patrol boat 
or boats shall be under the control and direction 
of the Board of Fish Commissioners, which board 
is hereby authorized, at its discretion, to purchase 
tools and supplies and employ a superintendent 
and workmen to construct and equip said boat 
or boats; or advertise and award contract or con- 
tracts for the construction, building, equipping, 
nnd furnishing said patrol boat or boats. Said 
construction shall begin as soon as practicable 
after the approval of this act. [L. 1907, p. 49, 
§ 2.] 



Fish Laws of Oregon 



§ 6. Patrol Boats to Be Under Supervision of 
Master Fish Warden. 
After said patrol boat or boats have been pro- 
vided, they shall be under the care and direct 
supervision of the Master Fish Warden, who may, 
and he is hereby authorized, subject to the 
approval of the Board of Fish Commissioners, 
to appoint a master for each boat, who shall have 
charge of such boat, subject to orders from the 
Master Fish Warden or a deputy warden or a 
water bailiff. Such master shall receive such 
salary or compensation for services rendered as 
may be agreed upon by the Board of Fish Com- 
missioners, the same to be paid out of any moneys 
in the hatchery fund for Fishing District No. 1, 
and shall hold his office at the pleasure of the 
said Board of Fish Commissioners. [L. 1907, 
p. 50, § 8.] 

§ 7. Maintenance of Patrol Boats. 

All necessary expenses for the operation, repairs 
and maintenance of said boat or boats shall be 
made by the Board of Fish Commissioners, under 
the direct supervision of the Master Fish Warden ; 
the same to be paid for out of any moneys in the 
hatchery fund for Fishing District No. 1. [L. 
1907, p. 50, § 4.] 

§ 8. Expense Claims to Be Approved and Audited. 
All expenses of whatever nature incurred by 
said Board of Fish Commissioners under the pro- 
visions of Sections 1 and 2 of this act* shall 
be paid upon properly certified vouchers being 
presented, and the Secretary of State shall, upon 



♦Sections 4 and 5 of this compilation. 



10 Fish Laws of Oregon 



approval of such bills by said Board of Fish Com- 
missioners, draw his warrant upon the State 
Treasurer in payment of the same from the 
genera] fund, such warrants not to exceed in 
the aggregate the sum of $5,000 and all exuenses 
incurred under the provisions of Sections 3 and 
4 of this act** shall be paid upon Droperly certified 
vouchers being presented and the Secretary of 
State is hereby authorized and directed to draw 
his warrant on the treasurer of the State of Ore- 
gon, payable out of the hatchery fund for Fishing 
District No. 1 for such sums as shall be aoproved 
bv said Board of Fish Commissioners. [L. 1907, 
p. 50, § 5.] 

§ 9. Fish Warden to Keep Books and Devote 
Entire Time to His Office. 
The Fish Warden shall keep proper books 
showing the licenses issued, to whom issued, and 
amounts received, and all moneys disbursed and 
paid out for any cause. It shall also be his duty 
to devote his. entire time and attention to the fish- 
ing interests and fishing industries of the State; 
and see that all laws for the protection, preserva- 
tion and propagation of all salmon, and other 
anadromious fish and sturgeon, and oysters and 
shellfishes, in the waters and streams of this 
State and of the Columbia River are enforced. 
[L. 1907, p. 107, § 7.] 

This section repeals by implication Section 4099 B. & C. 
Code, the substance of which is contained herein. 

§ 10. Annual Report of Warden and Suggestions 
to Board. 
Said Fish Warden shall annually, on December 
31st, report to the Board of Fish Commissioners 

**Sections 6 and 7 of this compilation. 



Fish Laws of ()regon 11 

of this State a full account of his actions, also 
of the operations and results of the law pertain- 
ing to fish and shellfish industries, the method 
of taking fish, the number of young fish hatched 
and where distributed, amount of expenses 
incurred, and make suggestions as to the needs 
to further legislation, if any, and full statistics 
of the fishing and shellfish industries, and amount 
of all monev received and disbursed. [L. 1907, 
p. 107, § 8.] 

This section repeals by implication Section 4100 B. & C. 
Code, the substance of which is contained herein. 

§ 11. (B. & C. Code, § 4101.) Arrests, Authority 
of Warden and Deputies to Make Without 
Process — Resistance a Misdemeanor. 

The fish warden or his deputies shall have 
authority to arrest without writ, rule, order or 
process, any person or persons detected by him or 
them in the act of committing a crime in violation 
of the fish laws of this State ; and they are hereby 
made peace officers of this State for that purpose, 
and shall have authority to execute all criminal 
process issued for the arrest or detention of any 
person complained against for the violation of 
any of the fish laws of this State. Any person 
who knowingly or willfully resists or opposes 
such officer in discharge of his said duties shall 
be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be punished as in this 
act hereinafter provided. [L. 1901, p. 344, § 40.] 

For penalty see Section 117 of this compilation. 

§ 12. Inspection of Canneries, Cold Storage 
Houses, Etc., by Warden. 
The fish warden is hereby authorized to inspect 
all canneries, cold storage houses, packing estab- 



12 Fish Laws of Oregon 



lishments, business places, boats, nets, wheels, 
traps, and other fishing apparatus, and all prop- 
erty used in the catching and packing of fish, for 
the pur]}ose of enforcing the provisions of this 
act, and to that end said fish warden is authorized 
to enter into said property and to make inspec- 
tions thereof. [L. 1907, p. 107, § 9.] 

This section' repeals by implication Section 4102 B. & C. 
Code, the substance of wliich is contained herein. 

§ 13. (B. & C. Code, § 4103.) Attorney-General, 
Duty of, to Advise Commissioners — Prose- 
cvthig Attorneys to Act on Complaints. 
The Board of Fish Commissioners shall have 
the authority to apply to the Attorney-General 
for his official opinion upon any question touching 
the construction and interpretation of the statutes 
and the duty of the Board of Fish Commissioners 
wherein they shall need legal advice; and it shall 
be the duty of the prosecuting attorneys of the 
several districts to prosecute in their respective 
districts, on information and complaint of such 
Board of Fish Commissioners, fish warden, or 
any of his deputies, any person violating any of 
the provisions of this act. [L. 1901, p. 345, § 42.] 

§ 14. (B. & C. Code, § 4104.) Salary and Ex- 
penses of Wardens, Hoiv Audited and Paid. 
The salaries of the fish wardens, and the neces- 
sary expenses incurred by them in the perform- 
ance of their duties, and all the expenses incurred 
under the provisions of this act, shall be audited 
by the Board of Fish Commissioners, upon bills 
being presented properly certified by the fish war- 
dens ; and the Secretary of State shall, upon the 
approval of such bills, draw his warrant upon 



Fish Latvs of Oregon 13 

the State Treasurer in payment of the same from 
the general fund. [L. 1901, p. 345, § 43.] 

§ 15. (B. & C. Code, § 4105.) Fish Commissioners 
SJiall Receive Only Expenses. 
Said Board of Fish Commissioners shall receive 
no compensation for their services as such board, 
but shall be allowed necessary actual traveling 
expenses. All accounts for expenditures incurred 
or made pursuant to the provisions of this section 
shall be audited and approved by said commission 
before presentation to the Secretary of State. 
[L. 1901, p. 345, § 44.] 



FISH HATCHERIES. 

§16. (B. & C. Code, § 4079.) Commissioyiers to 
Locate and Wardens to Construct Hatcheries. 
It shall be the duty of such Fish Commission- 
ers to select and locate, or direct the selection 
and location of, suitable sites for the construction 
of fish hatcheries, and direct the fish wardens to 
construct thereat such hatcheries as in the judg- 
ment of the board will be to the best interests of 
the fishing industry. Said Commissioners shall 
have the right to pay out all moneys in the hatch- 
ery fund provided by law for the construction 
and operation of fish hatcheries ; also to audit all 
bills of the fish wardens before the same are paid, 
and to generally exercise a supervisory control 
over the fish wardens and all fish hatcheries of 
the State. [L. 1901, p. 335, § 17.] 



14 Fish Laivs of Oregon 



§ 17. (B. & C. Code, § 4080.) "Hatchery Fund," 
Money and Fines Collected to Constitute. 
For the purpose of this act the State of Oregon 
is hereby divided into fishing districts as follows : 
District No. 1 shall include that portion of the 
Columbia River and its tributaries over which 
the State of Oregon has jurisdiction. District 
No. 2 shall include all the coast streams and their 
tributaries in the State of Oregon south of the 
Columbia River. The fish warden shall collect 
and receive all license fees, fines or parts of 
fines, or proceeds arising from the sale of con- 
fiscated fish or fishing appliances, under the 
provisions of this act, and shall pay the same to 
the State Treasurer within thirty days after 
collection or receipt thereof, to be placed in the 
hatchery fund, said fund to be used for hatchery 
purposes under the direction of the Board of Fish 
Commissioners. All sums of money collected in 
any district shall be by the State Treasurer 
credited to the "hatchery fund" of such district, 
and in paying over moneys collected, the fish war- 
dens shall designate the district in which all 
moneys were collected ; he shall take a receipt, 
in duplicate, from the State Treasurer, one he 
shall file in his own office and the other in the 
office of the Secretary of State. The money col- 
lected in any district shall not be expended, except 
in the district in which it was collected. All 
moneys now in the "hatchery fund," after all 
outstanding accounts against said fund have been 
paid, shall be apportioned and transferred as fol- 
lows : Two-thirds to the hatchery fund of District 
No. 1 ; one-third to the hatchery fund of District 
No. 2; and the Secretary of State shall issue his 



Fish Laws of Oregon 15 

warrants on the State Treasurer, making such 
transfer from the "hatchery fund." Upon the 
payment of any judgment that may have been 
obtained against any person or persons for the 
violation of any of the provisions of this act, the 
same shall be satisfied by the district attorney, 
upon the presentation of the receipt of the Master 
Fish Warden. [L. 1903, p.. 234, § 10.] 

§ 18. (B. & C. Code, § 4081.) Private Salmon 
Hatchery, Payme^it to Old of License Money. 
When there shall be in operation on any river 
in this State, for the purpose of stocking said 
river or its tributaries vv^ith salmon, owned by 
any person or persons or corporation, the Board 
of Fish Commissioners, upon proper evidence that 
said salmon hatchery shall have been operated 
in any year in such a manner as to produce a 
benefit to such stream equal to that derived from 
the same amount of money expended at hatch- 
eries maintained and operated by the Board of 
Fish Commissioners, the said Board of Fish 
Commissioners shall pay over to such person or 
persons or corporation not to exceed sixty per 
cent of the moneys received by such board for 
licenses from persons engaged in fishing or 
packing fish on such river or its tributaries ; the 
same to be used by such person or persons, firm, 
or corporation in propagating salmon in such 
river or its tributaries. [L. 1901, p. 335, § 19.] 

§ 19. (B. & C. Code, § 4082.) Construction and 
Operation of Hatcheries in Adjoining States. 

The Board of State Fish Commissioners is 
hereby authorized to construct, maintain or oper- 



16 Fish Lmvs of Oregon 



ate salmon hatcheries in an adjoining state, and 
to expend a portion of the money in the "hatchery 
fund" for that purpose; provided, that no hatch- 
ery shall be constructed or operated on any stream 
in an adjoining state that is not a tributary of 
the Columbia Eiver, or whose waters do not flow 
into said Columbia River. [L. 1901, p. 336, § 20.] 

§20. (B. & C. Cod^, § 4083.) Racks or Other 
Ohstriictions for Hatchery Purposes. 
The Fish Commissioner and the Fish Commis- 
sion of the United States Government, or any 
individual operating hatcheries in this State, are 
hereby authorized to erect racks, traps, or other 
obstructions across any of the streams in this 
State for the purpose of obtaining salmon for 
propagating purposes, and it shall be unlawful 
for any person or persons to injure or destroy 
any such racks, traps, or obstructions by any 
means whatever, or take, kill, destroy, or molest 
any salmon within two miles below any such rack, 
trap, or obstruction across any stream in this 
State. [L. 1901, p. 336, § 21.] 

For penalty see Section 117 of this compilation. 

§ 21. (B. & C. Code, § 4106.) Fish Commission- 
ers May Propagate Food Fishes — Authority. 
The Board of Fish Commissioners is authorized 
by this act to propagate and stock the various 
waters and streams of this State with salmon, 
sturgeon, trout, or other food fishes, not inimical 
to or destructive of salmon ; and for the purpose 
of protecting the same they are hereby authorized 
to close any stream or any designated portion 
thereof in this State frequented by salmon, or 



Fish Latvs of Oregon 17 

any stream which they have stocked, and prevent 
any person takinjr or fishing for or catching any 
salmon or food fishes therein. Should the Board 
of Fish Commissioners desire to close any stream 
or designated portion thereof frequented by 
salmon, or any stream or designated portion 
thereof which they have stocked with food fish, 
they shall cause notice thereof to be filed in the 
ofl[ice of the county clerk in each county in which 
such stream or designated portion thereof lies, 
and shall publish such notice in some public news- 
paper published at the county seat in such county 
or counties for four successive weeks. Such 
notice shall designate as nearly as practicable 
the streams or designated portion thereof to be 
closed, and shall state that on and after a date 
therein stated it will be unlawful to fish for or 
take or catch any salmon or other food fishes 
therein (which date shall not be less than thirty 
days from the date of the first publication), and 
shall cause like notices to be published for such 
time in three conspicuous places on the banks of 
such streams or designated portion thereof. Upon 
the completion of the publication of such notice, 
the same, with proof of the publication and post- 
ing thereof, shall be filed with the original notice 
in the office of the county clerk, and it shall be 
unlawful at any tim.e after the expiration of the 
date specified in said notice for any person to 
fish for, catch, or take any salmon, or any food 
fishes stocked therein until notice shall be filed 
and likewise published by the Board of Fish Com- 
missioners of the opening of such stream or 
designated portion thereof to the public for 
fishing. [L. 1901, p. 345, § 45.] 

For penalty see Section 117 of this compilation. 



18 Fish Laws of Oregon 

§22. (B. & C. Code, § 4107.) Placing Fish in 
Water Without Authority of Board Unlawful. 
It shall be unlawful for any person, without 
written authority from the Board of Fish Com- 
missioners, to place in anj^ water of this State, 
any species or variety of fish whatever. TL. 1901, 
p. 346, § 46.] 

For penally see Section 117 of this compilation. 

§ 23. (B. & C. Code, § 4108.) Justices' Courts 
Have Concurrent Jurisdiction. 
Justices of the peace shall have concurrent 
jurisdiction with the circuit courts of this State 
of all offenses mentioned in this act. [L. 1901, 
p. 346, § 48.] 

§ 24. (B. & C. Code, § 4109.) Fish May Be Taken 
Any Time by Proper Officers for Propagation. 
Nothing in this act shall be construed so as 
to prevent the taking of salmon at any time of 
the year by the Board of Fish Commissioners, 
or accredited officers of the United States Govern- 
ment for propagation. [L. 1901, p. 346, § 49.] 

§ 25. Private Propagation of Trout and Other 
Food and Game Fish and the Sale Thereof. 
Any person may establish a private trout hatch- 
ery for the cultivation of trout fishes, and any 
person lawfully conducting any such private trout 
hatchery and engaged in the artificial propagation, 
culture, and maintenance of fishes, may take them 
in his own enclosed waters wherein the same are 
so cultivated and maintained at any time and 
for any purpose. [L. 1909, p. 154, § 1.] 



Fish Lmvs of Oregon 19 



§ 26. What Constitutes Co7idmting Hatchery. 

Any person, firm, or corporation engaged in the 
business of taking fish spawn and the artificial 
hatching thereof, or in the raising of fry and fish 
therefrom in any of the waters or streams of this 
State, shall be deemed to be conducting a private 
fish hatchery under the terms of this act. [L. 
1909, p. 154, § 2.] 

§ 27. Sale of Hatchery Products — When Laivful. 
The product of such fish hatchery fry, and 
fish, may be sold at any time of the year by such 
hatchery or their then vendees after having first 
complied with the terms of this act and the regu- 
lations of the Master Fish Warden thereto. [L. 
1909, p. 154, § 3.] 

§ 28. License Fee of Private Fish Hatchery. 

Each private fish hatchery, before it shall be 
entitled to the benefits of this act, shall pay an 
annual license fee of twenty-five dollars to the 
Master Fish Warden. [L. 1909, p. 155, § 4.] 

For penalty see Section 33 of this compilation. 

§ 29. Private Hatchery to Make Quarterly Report. 
It shall be the duty of the superintendent or 
person in charge of any private fish hatchery to 
make a quarterly report to the Master Fish War- 
den of the amount of fry and number of fish 
sold, and the name and address of the party 
receiving the same. It shall be the duty of each 
person, firm, or corporation affected by the pro- 
visions of Section 1 to render to the Master Fish 
Warden of the State of Oregon a quarterly report 
giving a detailed statement showing the amount 



20 Fish Laws of Oregon 

of fry and number of fish received from any 
private hatchery, and giving' the name and post- 
oflfice address of the superintendent or manager 
of the same. [L. 1909, p. 155, § 5.] 

For penalty see Section 33 of this compilation. 

§ 30. License for Persons Dealing in Trout and 
Food Fis]( Taken From Private Hatchery. 
Every person, firm or corporation engaged in 
the business of buying and selling, packing and 
preserving, or otherwise dealing in trout or other 
food fish obtained from private hatcheries of this 
State, shall procure a license for such business 
from the Master Fish Warden of the State and 
shall pav an annual license fee of two dollars and 
fifty cents. [L. 1909, p. 155, § 6.] 

For penalty see Section 33 of this compilation. 

§ 31. Unlaw f 2d to Take Fish From Private Hatch- 
ery Without Consent of Oivner. 
No person shall take fish in any manner from 
the water in which a private fish hatchery is 
located, or in which fish are artificially propa- 
gated, cultivated, and maintained under the pro- 
visions of this act, without permission of the 
owner or proprietor of such hatchery. [L. 1909, 
p. 155, § 7.] 

For penalty see Section 33 of this compilation. 

§ 32. Disposition of License Fees and Fines. 

All moneys collected for licenses and fines under 
the provisions of this act shall be turned into 
the State Treasury and placed in the fish hatchery 
fund for the district in which such license is 
issued or such fine collected. [L. 1909, p. 155, 
§ 8.] 



Fish Laws of Oregon 21 

§ 33. Penalty. 

Any person violating' any of the provisions of 
this act shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, shall be punished by 
imprisonment in the county jail for a period not 
to exceed six months or by a fine not more than 
five hundred dollars nor less than twenty-five 
dollars, or bv both such fine and imprisonment. 
[L. 1909, p. 155, § 9.] 

§ 34. Provagation of Salmon. 

There is hereby appropriated from any money 
in the State Treasury, not otherwise appropriated, 
the sum of $20,000 for the purpose of purchasing 
or otherwise acquiring the necessary lands for 
salmon hatchery sites, and for building, equipping, 
operating, and maintaining salmon fish hatcheries 
on the coast streams of the State of Oregon south 
of the Columbia River. [L. 1909, p. 105, § 1.] 

§ 35. Vouchers to Be Approved and Audited. 

No part of said sum hereby appropriated shall 
be used or expended for any purpose whatever, 
otherwise than as specified in Section 1 of this 
act* at such places as may be selected by the 
Board of Fish Commissioners. All vouchers cov- 
ering expenses incurred in carrying out the pro- 
visions of this act shall be approved by the Board 
of Fish Commissioners, and the Secretary of State 
is hereby authorized and directed to draw his 
warrants on the State Treasurer, payable out of 
the general fund, for such sums as shall be 
approved by said Board of Fish Commissioners. 
[L. 1909, p. 105, § 2.] 



♦Section 34 of this compilation. 



22 Fish Laivs of Oregon 

§ 36. Protectio7i of Salmon, Sturgeon, Etc. 

For the purpose of protecting salmon, sturgeon, 
and other anadromous fish, there is hereby 
appropriated out of the general funds in the State 
Treasury, not otherwise appropriated, the sum of 
$1,000, to be expended under the supervision of 
the Master Fish Warden for the destruction of 
seals and sea lions in the Columbia River and 
within three miles outside of the mouth thereof. 
[L. 1909, p. 467, § 3.] 

§ 37. Central Hatchery. 

There is hereby appropriated from any money 
in the State Treasury, not otherwise appropriated, 
the sum of $12,000, or so much thereof as may 
be necessary, for the purpose of establishing, 
erecting, constructing and equipping a suitable 
"Central Hatchery" for the propagation of salmon 
fish on the Columbia River, or its tributaries, in 
the State of Oregon, and purchasing, or otherwise 
securing the necessary lands for a site therefor. 
[L. 1909, p. 245, § 1.'] 

§ 38. Claims to Be Approved and Votichered. 

No part of said sum hereby appropriated shall 
be used or expended for any purpose whatever, 
otherwise than as specified in Section 1 of this 
act; all vouchers covering expenses incurred in 
carrying out the provisions of this act shall be 
approved by the Board of Fish Commissioners, 
presented to the Secretary of State for payment, 
and by him audited as other claims against the 
State. [L. 1909, p. 246, § 2.] 



Fish Laws of Oregori 23 



THE PROTECTION OF FOOD FISH. 

§ 39. (B. & C. Code, § 4059.) Salmon Defined. 
Wherever the word "salmon" is used in this 
act the same shall be deemed and held to include 
Chinook, steelheads and all other anadromous 
species of salmon and trout. [L. 1901, p. 329, § 1.] 

§ 40. (B. & C. Code, § 4060.) Salmoji Fishing by 
Act Folloiving. 
It shall be unlawful to take or fish for salmon 
in any rivers or their tributaries in the State of 
Oregon, or any waters over which the State of 
Oregon has concurrent jurisdiction, except as 
hereinafter provided. [L. 1901, p. 329, § 2.] 

For penalty see Section 78 of this compilation. 

§ 41. (B.- & C. Code, § 4061.) Closed Season for 
Salmon on Coliimhia West of Deschutes. 
It shall be unlawful to take or fish for salmon, 
sturgeon, or other anadromous figh in the Colum- 
bia River, or in any of the waters or sloughs 
thereof west of its confluence with the Deschutes 
River, or within three miles outside of the mouth 
of said Columbia River, by any means whatever, 
between 12 o'clock noon, March 1st, and 12 o'clock 
noon. May 1st, and between 12 o'clock noon, 
August 25th, and 12 o'clock noon, September 10th, 
of any year, and between 6 o'clock P. M. on Satur- 
day of each week and 6 o'clock P. M. on the 
Sunday following, from the first day of May to 
the 25th day of August, both inclusive, of any 
year. [L. 1909, p. 466, § 1.] 

For penalty see Section 78 of this compilation. 



24 Fish Laws of Oregon 

§42. (B. & C. Code, § 4062.) Salmon Fishing, 

Except With Hook and Line, on Columbia 

East of Deschutes Prohibited. 

It shall be unlawful to take or fish for salmon 

at any time by any means whatever, except with 

hook and line, commonly called angling, or to 

take or fish for salmon in any manner whatever 

during the spawning season on any spawning 

bed or shallow, where salmon are wont to lie and 

deposit their spawn, in the Columbia River or 

any of its tributaries east of its confluence with 

the Deschutes River. [L. 1901, p. 329, § 4.] 

For penalty see Section 7 8 of this compilation. 

§ 43. (B. & C. Code, § 4063.) Willamette and 
Tributaries, Closed Seaso7i On. 
It shall be unlawful to take or fish for salmon 
in the Willamette River and its tributaries, north 
of the falls at Oregon City, by any means what- 
ever, except with hook and line, commonly called 
angling, from March 15, noon, to April 15, noon, 
and from June 15, noon, to November 1, noon, 
in any year; or to take or fish for salmon by 
any means whatever after the passage of this act, 
except Avith hook and line, commonly called 
angling, in the Willamette River or any of its 
tributaries south of the lower part of the falls 
at Oregon City. [L. 1905, p. 238, § 2.] 

For penalty ste Section 78 of this compilation. 

§44. (B. & C. Code, § 4115.) Young Sturgeon, 

Unlaivful to Take in Columbia River — 

Penal Provision. 

It shall be unlawful at any time to take or kill 

any young sturgeon under four feet in length, 



Fish Laivs of Oregon 25 

or fish for the same with any device or appliance 
whatever in the waters of the State of Oregon, 
or in the waters of the Columbia River or its 
tributaries ; and any person or persons fishing 
with a trap, weir, pound net, gill net, set net, fish 
wheel, seine or any other fishing apparatus in 
the waters of the State of Oregon, or in the 
waters of the Columbia River or its tributaries, 
who, on lifting, drawing, taking up, or removing 
any trap, weir, pound net, gill net, set net, fish 
wheel, seine, or other fishing apparatus, shall find 
young sturgeon under four feet in length en-, 
tangled or caught therein, shall immediately, with 
care and the least possible injury to the fish, dis- 
entangle and release the same and transfer the 
fish to the v^ater without violence. Any person 
or persons, firm or corporation, violating any of 
the provisions of this section, or receiving or hav- 
ing in his or their possession for consumption, 
sale, or transportation, or sells or oflFers for sale 
or for transportation, or transports young stur- 
geon under four feet in length, shall be deemed 
guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine of not less than 
$20 and not more than $1,000 and costs of the 
action, or by imprisonment in the county jail 
not less than ten days nor more than one year, 
or by both such fine and imprisonment; provided, 
in case of fine only, that he be imprisoned in the 
county jail until such fine be paid, and he shall be 
credited on such fine the sum of $2.00 for each 
day imprisoned. All moneys collected as fines 
shall be disposed of as follows : One-third shall 
be paid to the prosecuting witness other than the 
Master Fish Warden or the deputy fish warden ; 



26 Fish Laws of Oregon 

the remaining two-thirds, or all, as the case may 
be, shall be paid to the Master Fish Warden, 
and by him deposited with the State Treasurer, 
to be placed in the hatchery fund for the district 
in which said fine was imposed. In all prosecu- 
tions under this section the possession by any 
person or persons, firm or corporation, of young 
sturgeon under four feet in length shall be con- 
strued as prima facie evidence that the same was 
taken from the waters of the State of Oregon, or 
from the waters of the Columbia River or its 
tributaries. [L. 1905, p. 278, § 2.] 

§ 45. Rogue River and Its Tributaries, Closed 
Season On. 
It shall hereafter be unlawful to take or fish for 
salmon fish of any kind, in any manner whatever, 
in Rogue River and its tributaries, at any point 
above the point where said Rogue River crosses 
the Jackson County line, except with rod and line, 
commonly called angling ; or to take or fish for sal- 
mon fish in Rogue River and its tributaries be- 
tween said last above named point and the mouth 
of the Illinois River, and in said Illinois River and 
its tributaries, by any means whatever, except 
with rod and line, commonly called angling, from 
February 15th to April 15th, and from August 1st 
to November 15th, in any year; or to take or fish 
for salmon fish in Rogue River and its tributaries 
by any means whatever west of its confluence with 
the Illinois River, from March 1st to April 5th, 
and from August 15th to September 5th in any 
year; or within three miles outside of the mouth 
of said Rogue River from March 1st to April 15th, 
and from August 1st to September 15th. [Laws 
1907, p. 333, § 3.] 

For penalty see Section 4 8 of this compilation. 



Fish Laws of Oregon 27 

§ 46. Salmon Defined. 

Wherever the word "salmon" is used in this act 
the same shall be deemed and held to include Chi- 
nook, silverside, steelhead, and all anadro- 
mous species of salmon and trout. [Laws 1907, p. 
333, § 2.] 

This section I'efers only to Sections 45, 47, 4 8, and 4 9 
of tliis compilation. 

§ 47. Sale of Fish Taken From Rogue River. 

It shall be unlawful any one to sell or offer for 
sale, barter or exchange, or have in possession for 
the purpose of sale, barter or exchange, or to ship 
or cause to be carried or transported beyond the 
boundaries of Josephine or Jackson counties, for 
sale, barter, or exchange, any salmon fish, or steel- 
heads caught or taken from the waters of Rogue 
River or its tributaries, or from the Illinois River 
or its tributaries above their confluence, with rod 
and line, or otherwise, from February 15th to 
April 15th, and from August 1st to November 
15th, of any year. [L. 1907, p. 333, § 4.] 

For penalty see Section 4S of this compilation. 

§ 48. Penalty. 

Any person, firm or corporation violating any 
of the provisions of this act, shall be deemed 
guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine of not less 
than $50 nor more than $200, and costs of the 
action, or by imprisonment in the county jail not 
less than twenty-five days nor more than one 
hundred days. In all actions for violations of the 
provisions of this act, one-third shall be paid to 
the informer or prosecuting witness; provided, 



28 Fish Laws of Oregori 

such informer or prosecuting witness is not a 
regularly salaried fish warden, the remaining two- 
thirds, or all, as the case may be, shall be paid to 
the Master Fish Warden, and by him deposited 
with the State Treasurer, to be placed in the 
hatchery fund for the district in which said fine 
was imposed. [L. 1907, p. 334, § 5.] 

§ 49. Justices to Have Concurrent Jurisdictio7i. 

Justices of the peace shall have concurrent juris- 
diction in the first instance with the circuit courts 
of all oflfenses under this act. [L. 1907, p. 334, 
§ 6.] 

§ 50. Ohstructions in Rogue River. 

It shall be unlawful for any person or persons, 
firm or corporation, except for securing salmon 
for propagation purposes, to place any obstruction 
in Rogue River, which said obstruction will in any 
way or at all or in any wise obstruct or interfere 
with the progress of salmon in going ud or down 
said river, and any person violating this section 
shall be deemed guilty of a misdemeanor and upon 
conviction thereof, shall be fined the sum of not 
less than $50 nor more than $200, or be im.prisoned 
in the county jail not less than thirty days nor 
more than four months, or by both fine and 
imorisonment in the discretion of the court. [Ij. 
1907, p. 334, § 7.] 

§ 51. Regulation of Trout Fishing on Rogue River 
and Its Trih^itaries. 
It shall be unlawful for any person or persons, 
firm or corporation, to take from or fish for trout 
in the Rogue River or its tributaries, or to catch, 
injure, kill or destroy trout either in said streams 



Fish Laws of Oregon 29 



or any part thereof, at any time of the year in 
any other manner, except with hook and Hne, 
commonly called angling. [L. 1909, p. 384, § 1.] 

For penalty see Section 54 of this compilation. 

§ 52. Sale, Barter or Exchange of Trout Taken 
From Rogue River. 
It shall at all times be unlawful for any per- 
son or persons, firm or corporation to sell, barter 
or exchange, or to have in possession for the pur- 
pose of sale, barter, or exchange, any trout that 
has been taken from the Rogue River or its tribu- 
taries, in any other manner than with hook and 
line, commonly called angling. And in all prosecu- 
tions under this section, the possession for the 
purpose of sale, barter or exchange of any trout 
recently taken from the said Rogue River or any 
of its tributaries shall be prima facie evidence in 
any court that the same was taken from said 
stream in manner other than by hook and line, 
commonly called angling. [L. 1909, p. 384, § 2.] 

For penalty see Section 54 of this compilation. 

§ 53. Shipping Trout Taken From Rogue River. 
It shall be unlawful for any person or persons, 
firm or corporation to ship or transport, or offer 
to ship or transport, or to receive from any other 
person for the purpose of shipping or transporting 
beyond the boundaries of either Jackson, Jose- 
phine or Curry counties, any trout theretofore 
taken from the Rogue River or its tributaries, 
in any other manner than by hook and line, com- 
monly called angling, and the possession of any 
trout theretofore taken from the Rogue River or 
its tributaries, for the purpose of such transporta- 
tion shall be prima facie evidence that the said 



30 Fish Latvs of Oregon 

trout was theretofore taken from said stream, in 
a manner other than with hook and line, com- 
monly called angling ; and for the purpose of this 
act*, every station agent, express agent and every 
other agent or employee of every firm or cor- 
poration violating the provisions of this law shall 
be deemed a principal with said firm or corpora- 
tion and shall be punished as such. [L. 1909, p. 
385, § 3.] 

For penalty see Section SJ of this compilation. 

§ 54. Penalty. 

Any person or persons, firm or corporation 
violating any of the provisions of this act* shall 
be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a fine of 
not less than $25 nor more than $200 and the 
costs of the action for each such off'ense, or by 
imprisonment in the county jail not less than 
twenty-five days and not more than one year, or by 
both such fine and imprisonment; provided, in 
case of fine only, that he be imprisoned in the 
county jail until such fine and costs of action be 
paid ; he shall be credited with such fine and costs 
in the sum of $2 for each day's imprisonment. 
In all actions for violations of the provisions of 
this act* one-third of the moneys collected as fines 
shall be paid to the district attorney or his 
deputies who conduct the action, one-third shall 
be paid to the informer or prosecuting witness, 
providing such informer or prosecuting witness 
is not a regularly appointed and salaried fish 
warden deputy, the remaining one-third or two- 
thirds, or all, as the case may be, shall be paid 

*The act referred to includes Sections 51, 52, 53, 54, 55, 
and 56 of this compilation. 



Fish Laws of Oregon 31 

to the Master Fish Warden, and by him deposited 
•with the State Treasurer to be placed in the 
''Game Hatchery Fund," if there be such a fund, 
or in the "Hatchery Fund" if there be no game 
hatchery fund, for the district in which said fine 
was imposed. [L. 1909, p. 385, § 4.] 

§ 55. Trout to Include What. 

The word "trout" wherever used in this act*, 
shall be held to mean and include rainbow, cut- 
throat, dolly varden, eastern brook, salmon trout 
and all species and varieties of trout and char. 
[L. 1909, p. 385, § 5.] 

§ 56. Justices to Have Concurrent Jurisdiction. 

Justices of the peace shall have concurrent 
jurisdiction in the first instance with circuit courts 
of all offenses under this act.* [L. 1909, p. 385, 
§6.] 

§ 57. Tillamook Bay ajid Tributaries, Closed 
Season On. 
It shall be unlawful to take or fish for salmon 
in the tributaries of Tillamook Bay, above tide- 
water, at any time, by any means whatever, 
except with hook and line, commonly called 
angling, or in any of the waters of Tillamook Bay 
or its tributaries, below the points hereinafter 
named, between March 20 and July 15, of each 
year; or in any of the following named streams, 
being tributaries of Tillamook Bay, except with 
hook and line, commonly called angling, from 
March 20 to December 10, above the points 
hereinafter named, namely : 



*The act referred to includes Sections 51, 52, 53, 54, 55, 
and 56 of tiiis compilation. 



32 Fish Laivs of Oregon 

Miami Rive?- — At the intersection of said stream 
by the south line of section 11, in township 1 
north, of range 10 west of Willamette Meridian, 

Kilcliis River — At the intersection of said 
stream by the east line of section 12, in township 
1 south, of range 10 west of Willamette Meridian. 

Wilso7i River — At the intersection of said 
stream by the quarter-section line running north 
and south through section 20, in township 1 south, 
of range 9 west of Willamette Meridian. 

Hoquarton Slough — At the intersection of said 
slough by the west line of section 24, in township 

1 south, of range 10 west of Willamette Meridian. 
Trask River — At the intersection of said river 

by the quarter-section line running east and west 
through section 26, in township 1 south, of range 
10 west of Willamette Meridian. 

Tillamook River — At the intersection of said 
stream by the west line of section 7, in township 

2 south, of range 9 west of Willamette Meridian. 
[L. 1907, p. 66, § 1.] 

For penalty see Section 58 of this compilation. 
This section repeals by implication Section 4065 B. & C. 
Code, the substance of which it contains. 

§ 58. PeyialUj. 

Any person violating any of the provisions of 
this act shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be fined in a 
sum not less than $50 nor more than $1,000, and 
costs, for each and every offense, and in addition 
thereto shall forfeit the net or nets, seine or 
seines, or any other device or devices so unlaw- 
fully used. [L. 1907, p. 66, § 2.] 

This penalty applies only to Section 57 of this compilation. 



Fish Laivs of Oregon 33 

§ 59. (B. & C. Code, §'4069.) Umpqua River and 
Tributaries, Closed Season On. 
It shall be unlawful to take or fish for salmon 
in the Umpqua River, or any of the bays or tribu- 
taries thereof, below the points hereinafter named, 
from April 10 to May 10, and from November 20 
to December 10 of any year, or to take or fish 
for salmon by any means whatever, except with 
hook and line, commonly called angling, and for 
propagating purposes, above the points specified 
in each stream, namely : North Fork above a 
point 600 feet below the dam at Winchester; 
South Fork above the south boundary of the town 
of Roseburg. [L. 1909, p. 384, § 1.] 

For penalty see Section 7S of this compilation. 

§ 60. (B. & C. Code, § 4070.) Coos Bay, Coquille 
River, and Tributaries, Closed Season On. 
It shall be unlawful to take or fish for salmon 
in Coos Bay or Coquille River, or their tributaries, 
or Lower Ten-Mile Creek, at any time or by any 
means whatever, between 6 A. M. on the twentieth 
day of March and 6 P. M. on the fifteenth day 
of July, or between 6 a. m. on the twentieth day 
of November and 6 P. M. on the tenth day of 
December of any year. It shall be unlawful to 
take or fish for salmon at any time, except with 
hook and line, commonly called angling, in the 
South Fork of the Coquille River above the junc- 
tion of the same at what is known as "Hoffman's 
Bridge," or in the north or east forks of said 
river above the junction of said north and east 
forks. It shall be unlawful to take or fish for 
salmon at any time, except with hook and line, 
commonly called angling, in the north or south 



34 Fish Laws of Oregon 



forks of Coos River, above the junction of the 
two streams, excepting during the season com- 
mencing at 6 P. M. on the tenth day of December 
and ending at 6 A. M. on the twentieth day of 
March, during which time salmon may be caught, 
other than with hook and line, as far as the forks 
of the north fork, commonly known as "Allegany," 
and as far as the island opposite the "Mark Cut- 
lip" place, in the south fork. [L. 1905, p. 241, § 6.] 

For penalty see Section 78 of this compilation. 

§61. (B. & C. Code, § 4071.) Coast Streams, 
Closed Season On. 
It shall be unlawful to take or fish for salmon 
in any of the following named streams, or any of 
their tributaries, above tide water, at any time 
by any means whatever, except with hook and 
line, commonly called angling, or any of their bays 
or tributaries, below tide water, between 6 A. M. 
on the twentieth day of March and 6 P. M. on the 
fifteenth day of July, or between 6 A. M. on the 
twentieth day of November and 6 P. M. on the 
tenth day of December of any year, namely : 
Windchuck River, Chetco River, Pistol River, Elk 
River, Sixes River, Upper Ten-Mile Creek, Alsea 
Bay and River, Beaver Creek, Siletz River, Salmon 
River, Nestucca Bay and River, Necanicum River, 
Elk Creek and Klamath River. It shall be unlaw- 
ful to take or fish for salmon in the Siuslaw 
River, or its tributaries, at any time by any 
means whatever, except with hook and line, com- 
monly called angling, above a point on said Sius- 
law River 170 feet from the place where the 
north line of lot 12, section 2, township 18 south, 
of range 10 west of the Willamette Meridian, in 



Fish Laws of Oregon 35 

Lane County, Oregon, intersects the Siuslaw 
River, said point being down the said river in a 
southeasterly direction from the above named 
place of intersection, or to take or fish for salmon 
in any of its bays or tributaries below the above 
described point from 6 a. m. on the twentieth day 
of March to 6 P. M. on the fifteenth day of July, 
or from 6 a. m. on the twentieth day of November 
to 6 P. M. on the tenth day of December of any 
year, except with hook and line, commonly called 
angling. It shall be unlawful to take or fish for 
salmon in the Yaquina Bay, or its tributaries, 
at any time by any means whatever, except with 
hook and line, commonly called angling, at any 
point above the mouth of Mill Creek, or to take 
or fish for salmon in any of its bays or tributaries 
below the mouth of Mill Creek from 6 A. M. on 
the twentieth day of March to 6 P. M. on the 
sixteenth day of July, or from 6 A. M. on the 
twentieth day of November to 6 P. M. on the tenth 
day of December in any year. It shall be unlawful 
to take or fish for salmon in the Nehalem River, 
or its tributaries, at any time by any means what- 
ever, except with hook and line, commonly called 
angling, above a point on said river three miles 
below its confluence with Foley Creek, or to take 
or fish for salmon below said point on said river 
from 6 A. M. on the twentieth day of March to 
6 P. M, on the fifteenth day of July, or from 6 
A. M. on the twentieth day of November to 6 P. M. 
on the tenth day of December of any year, except 
with hook and line, commonly called angling. 
[L. 1907, p. 247, § ].] 

For penalty see Section 78 of this compilation. 



36 Fish Laws of Oregon 

§ 62. Yaquina Bay — Mill Creek — Angling. 

That hereafter it shall be unlawful to fish at 
any season of the year, at any point above the 
mouth of Mill Creek, on Yaquina Bay, or its 
tributaries, with any appliance whatever, except 
with fishhook and line, or what is commonlv called 
angling. [L. 1903, p. 143, § 1.] 

For penalty see Section 64 of this compilation. 

§ 68. Alsea Bay — Gravel Bar — Angling. 

That hereafter it shall be unlawful to fish at 
any season of the year, at any point above what 
is known as Gravel Bar, one-half mile below 
Tidewater postofRce, on the Alsea Bay, or its 
tributaries, except with fishhook and line, or what 
is commonly called angling. [L. 1903, p. 143, § 2.] 

For penalty see Section 64 of tliis compilation. 

SaleMj Oregon, August 29, 1907. 
To the Master Fish Warden; 

Dear Sir: In response to your favor of the 2 8th instant, 
requesting the opinion of this office as to the point in the 
Alsea River abo\'e which it is unlawful at any time to take 
or fish for salmon and other anadromous fish, except with 
hook and line, commonly called angling, I beg to say that, 
in my opinion, the Law of 1903, found at page 143, is controlling 
in that respect, and fixes what is therein termed the dead line 
at what is known as Gravel Bar, one-half mile below Tide- 
water postoffice. 

This is a special act relating to the Alsea and Yaquina 
bays -and their tributaries, and since it covers the entire subject 
as to Alsea Bay and its tributaries, it takes the place of Sec- 
tion 4066 of B. & C. Code. The provisions of the two being 
irreconcilable, and relating to the same things, the special and 
latter act repeals the earlier act by implication, although there 
are no words of specific repeal. It is a well known rule of 
interpretation and has been repeatedly followed by the Supreme 
Court of this State, that repeals by implication are not favored 
by the courts, and where the provisions of two statutes are 
reconcilable both will be allowed to stand ; but where they are 
in irreconcilable conflict, the latter will be presumed to repeal 
the earlier. 

This rule should also be applied in considering the provisions 
of Section 4071 of B. & C. Code, as amended by the laws of 
1905, Chapter 133, Section 7, page 241, and by Chapter 134 
of the I..aws of 1907, page 247, in connection with the provisions 
of the Law of 1903 above cited. The 1903 act forbids fishing 



Fish Laws of Oregon 37 



for salmon, except with hook and line, above Gravel Bar, vi^hich 
Is helow tlTe head of tidewater, as yon inform me. Section 
4071 as amended forbids the s.ame thing above tidewater, which 
includes and coincides with tlie provisions of tlie 190.3 act as 
far as it goes, and is, therefore, not in conflict. Chapter 133 
of the Tjaws of 1905 also e.\pressly repeals Sections 3 and 4 
of the 1903 act, relating to the closed season on the Alsea 
and yaqviina bays, but is silent as to the limit for fishing by 
other means than by hook and line, expressed in the 1903 act, 
thus indicating an intention on the part of the legislature that 
these provisions shoidd stand. Except as to the close season 
provided in Section 4071, as amended, so far as it relates to 
the two bays above named and their tributaries, the act of 
1903 provides the same thing, and in addition that only hook 
and line fishing shall be allowed aliove Gravel Bar, thus extend- 
ing the limit some three or four miles further down the river 
than in Section 4071. Thus it will be .seen that the provisions 
of the two acts are not in conflict, only the one going a little 
farther than the other, and not conflicting in any way as far 
as the two cover the same ground. Therefore, in my opinion, 
they both stand, the earlier not having been repeab'd by implica- 
tion, and certainly not expressly. The law of 19''? I'leing still 
in force, it follows tliat the limit placed by it is the one now 
in force. 

Respectfully, A. M. CRAWFORD, 

Attorvrif-Genrral. 
(By I.' H. V. W.) 

§ 64. Penalty for Violating. 

Any person or persons violating any of the pro- 
visions of this act shall be guilty of a misde- 
meanor, and uDon conviction thereof shall be fined 
in the sum of not less than $25 nor more than 
$100. [L. 1903, p. 143, § 5.] 

This penalty applies to Sections 61' and 63 of this compilation. 

§65. (B.&C. Code, § 4067.) Fish Wheels, Traps, 
Etc., in Alsea Bay, River, and Tributaries 
Unlawful. 

It shall be unlawful for any person, association, 
or corporation to build, construct, or operate any 
fish trap or fish wheel, or any mechanical con- 
trivance for the purpose of catching- salmon, in 
any of the waters of the Alsea Bav, river, or its 
tributaries. [L. 1901, p. 134, § 2.] 

For penalty see .Section 60 of tliis compilation. 



38 Fish Laws of Oregon 

§ 66. (B. & C. Code, § 4068.) Penalty for Viola- 
tion of Foregoing Provision. 
Any person, association, or corporation violat- 
ing any of the provisions of this act shall be guilty 
of a misdemeanor, and upon conviction thereof 
shall be fined in a sum not less than $50 nor more 
than $500. [L. 1901, p. 134, § 3.] 

This penalty applies only to Section 65 of this compilation. 

§ 67. Duties of Officers. 

It shall be the duty of every sheriff, constable, 
or peace officer to inform uDon and prosecute 
any person or persons found violating any of 
the provisions of this act. [L. 1903, p. 143, § 6.] 

The act referred to includes only Sections 62 and 63 of 
this compilation. 

§ 68. (B. & C. Code, § 4072.) Traps, Weirs, Fish- 
ing Dams, and Fish Wheels. 
It shall be unlawful for any person or persons 
to construct, maintain, or operate any trap, weir, 
fishing dam, or fish wheel in any of the following 
named stream.s, or to operate any set net or other 
fixed appliance which shall extend more than one- 
third across any of the waters thereof: Willam- 
ette River and its tributaries. Rogue River and its 
tributaries, Umpqua River and its tributaries, 
Tillamook Bay and its tributaries, Alsea Bay and 
its tributaries, Windchuck River, Chetco River, 
Pistol River, Elk River, Sixes River, Coquille 
River, Coos Bay, Lower Ten-Mile Creek, Upper 
Ten-Mile Creek, Siuslaw River, Beaver Creek, 
Yaquina Bay, Siletz River, Salmon River, Nestucca 
Bay, Nehalem River, Elk Creek, Necanicum River, 
Klamath River and tributaries; provided, that the 



Fish Laws of Oregon 39 

provisions of this section shall not be construed 
to apply to that portion of the Necanicum Creek, 
or river, below the lowermost bridge which is 
now constructed on said creek or river, or their 
tributaries. [L. 1901, p. 332, § 12.] 

(An act passed in 1899 (L. p. 72) provided a close season 
for the waters of Sixes, Ellc, Pistol, Chetco, and Windchuck 
rivers, and tlieir tributaries and bays, and for any other stream 
in Curry County, and for Rogue River, the Illinois River, and 
their tributaries. The act is superseded by the fish law of 1901, 
except as to the next succeeding section (Section 2 of the act 
referied to), which gives to riparian owners the exclusive right 
of fishing with seines and nets on each "of said river," the 
rivers above mentioned.) 

For penalty see Section 78 of this compilation. 

§69. (B. & C. Code, § 4073.) Riparian Owners, 
Exclusive Rights of. 
The owner or owners of tide lands, and riparian 
owners above tide water, on each side of said 
rivers, as appurtenances thereto, shall have the 
exclusive right and privilege of fishing for salmon 
fish with seines and nets and hauling and landing 
seines and nets on said lands, and no person or 
persons shall anchor said nets, or put or place 
any obstruction or obstructions whatever in the 
water fronting said tide lands in any place or 
places where said tide lands are used for hauling 
or landing seines. [L. 1899, p. 72, § 2.] 

For- penalty see Section 6!ia of tliis compilation. 

§ 69a. (Omitted from B. & C. Code.) Penalty 
for the Violatiofi of the Foregoing Sectioyi. 
It shall be unlawful for any person or persons 
or corporation to violate any of the provisions 
of this act, or to fish for or catch or take salmon 
fish in any of said rivers, except during the sea- 
sons and in the manner herein provided, and any 
person or persons or corporation violating any 



40 Fish Laws of Oregon 

of the provisions of this act shall be guilty of a 
misdemeanor, and, upon conviction thereof, shall 
be punished by a fine of not less than fifty dollars 
nor more than five hundred dollars, and costs of 
the action, or by imprisonment in the county jail 
not less than twenty-five days nor more than six 
months, or both such fine and imprisonment, in 
the discretion of the court; in case of fine only, 
that he be imprisoned in the county jail until 
such fine and costs of action be paid, and he 
shall be credited on such fine and costs the sum 
of $2 for each day imprisoned. [L. 1899, p. 72, 
§ 3.] 
§ 70. Necanicwm River — Exception. 

It shall be unlawful hereafter for any person 
or persons to construct, operate, or maintain or 
place, or permit to be placed, constructed, operated, 
or maintained, in any of the waters of the Necani- 
cum River, or any tributary thereof, any fish trap, 
pound net, or any fixed device howsoever con- 
structed, excepting only a set net, to be constructed 
as hereinafter provided, for the purpose of, or 
which is capable of, taking or catching or imped- 
ing the run of fish of any kind up said stream. 
[L. 1903, p. 159, § 1.] 

Vov penalty see Section 74 of this compilation. 

§ 71. Set Nets — Construction, Operation, Etc. 

It shall be unlawful for any person or persons 
to construct, operate, maintain, or place, or suff'er 
or permit to be operated, maintained, or placed, 
in the waters of the Necanicum Creek, or any of 
its tributaries, any set net, excepting when the 
same shall be constructed, operated, maintained, 
and placed in the manner following, that is to 
say: 



Fish Laws of Oregon 41 

1. The meshes in each set net must not be less 
than seven and one-fourth (7 14) inches. 

2. A clear passageway of at least one-third, 
and, in any event, sixteen feet in the clear of 
the main channel shall be at all times maintained 
unobstructed by any such net or any contrivance 
placed thereon, or any wing placed thereon or 
leading thereto. 

3. There shall be at least a distance of five 
hundred feet between each net. [L. 1903, p. 159, 
§2.] 

For penalty see Section 74 of this compilation. 

§ 72. Seine or Drag Net — Mesh. 

It shall be unlawful hereafter for any person 
or persons to operate, or cause to be operated or 
placed, in the waters of the Necanicum Creek, 
or any tributary thereof, any seine or drag net, 
or like contrivance, any mesh of which is less 
than seven and one-quarter (T^/i.) inches. [L. 
1903, p. 160, § 3.] 

For penalty see Section 74 of this compilation. 

§ 73. Idem — Size of Mesh, How Determined. 

For the purpose of determining the size of any 
mesh in any seine or drag net or set net, or like 
contrivance, mentioned in this act, the mesh shall 
be measured diagonally from opposite corner to 
opposite corner, stretched taut. [L. 1903, p. 160, 
§ 4.] 

For penalty see Section 74 of this compilation. 



42 Fish Laws of Oregon 

§ 74. Peymlty for Violation. 

Any person violating any of the provisions of 
this act* shall be deemed guilty of a misdemeanor, 
and upon conviction shall be punished by a fine 
of not less than $50 nor more than $250, or by 
imprisonment in the county jail not exceeding one 
hundred and twenty-five days, or both fine and 
imprisonm.ent. [L. 1903, p. 160, § 5.] 

§ 75. Jurisdiction — Justice Courts. 

Justices of the peace shall have concurrent 
jurisdiction with the circuit court of any violation 
of the provisions of this act.* [L. 1903, p. 160, 
§ 6.] 

§ 76. (B. & C. Code, § 4074.) Ymmg Salmon in 
Tide Waters Protected. 
It shall be unlawful to take or fish for the young 
of salmon, under twelve inches in length, in any 
waters of the State of Oregon, or in the waters 
of any of the rivers or bays over which the State 
of Oregon has concurrent jurisdiction, at any time 
or in any manner whatever; or to take, fish for, 
stone, club, shoot, with any description of firearm, 
spear, foul hook, or molest, wound, kill, or injure, 
in any manner at any time whatever, or to expose 
for sale or have in possession, except for the pur- 
pose of propagation, any gravid or spawning 
salmon. [L. 1903, p. 233, § 7.] 

For penalty see Section 7 8 of this Compilation. 

§ 77. (B. & C. Code, § 4075.) Gaffs, Spears, and 
Fold Hooks, Prohibited. 
It shall be unlawful at any time whatever to 
take, fish for, or pursue salmon in any of the 

*The act referred to includes Sections 70, 71, 72, 73, 74 
and 75, of this compilation. 



Fish Laws of Oregon 43 

rivers and their tributaries in the State of Ore- 
gon, or in any waters over which the State of 
Oregon has concurrent jurisdiction, with spear, 
gaff, or foul hook, or other device, whether used 
with rod and line or otherwise, for the purpose 
of foul-hooking salmon ; provided, that nothing in 
this act shall be construed to affect operations and 
rights of the North American Indians who have 
not severed their tribal relations. [L. 1903, p. 
233, § 8.] 

I'^or penalty see Section 78 of this compilation. 

§ 78. (B. & C. Code, 4076.) Penalties for Violat- 
ing Fish Act — Burden of Proof — Disposition 
of Contraband Fish. 
Any person or persons, firm or corporation 
found fishing or taking, catching, or transporting 
salmon fish or sturgeon in or upon any of the 
waters of this State, or in or upon any of the 
waters over which this State has concurrent 
jurisdiction, or found making use of any boat 
or boats, vessel or vessels, or any fish trap, weir, 
pound net, gill net, set net, fish wheel, seine, o'r 
any other device intended for or which is capable 
of being used to catch or transport salmon fish 
or sturgeon, in or upon any of the waters of this 
State, or in or upon any of the waters over which 
this State has concurrent jurisdiction; or who 
shall have in or upon any of the waters of this 
State, or in or upon any of the waters over which 
this State has concurrent jurisdiction, or who 
shall leave or cause to be left in a condition to 
take or catch salmon fish or sturgeon, in or upon 
any of the waters of this State, or in or upon 
any of the waters over which this State has con- 
current jurisdiction, any fish trap, weir, pound 



44 FWi Laws of Oregon 



net, gill net, set net, fish wheel, seine, or any 
other device intended for or which is capable of 
being used to catch salmon fish or sturgeon, dur- 
ing any existing closed season or any closed season 
that may hereafter be enacted ; or who may pur- 
chase salmon fish or sturgeon, or have in its or 
their possession salmon fish or sturgeon unlaw- 
fully caught during any existing closed season, or 
any closed season that may hereafter be enacted, 
shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be fined in a sum 
not less than $50 nor more than $500, and costs, 
for each and every off'ense, and in addition thereto 
shall forfeit the boat or boats, vessel or vessels, 
fish trap or fish traps, weir or weirs, pound net 
or pound nets, gill net or gill nets, set net or set 
nets, fish wheel or fish wheels, seine or seines, 
or any other device or devices so unlawfully used 
and the salmon fish or sturgeon found in his or 
their or its possession. All salmon fish or stur- 
geon so unlawfully caught or taken and all prop- 
erty forfeited under the provisions of this section 
shall be immediately taken possession of by the 
fish warden, deputy warden, or water bailiff, and 
shall be confiscated by said warden, deputy war- 
den, or water bailiff and immediately thereafter 
turned over to the master fish warden who may 
dispose thereof at his discretion. The money aris- 
ing from the sale of salmon fish or sturgeon and 
ali property forfeited under the provisions of this 
section shall be deposited with the State Treasurer 
to be placed in the "Hatchery Fund" for the dis- 
trict in which such seizure and confiscation was 
made. In all prosecutions under this section the 
possession by any person of salmon fish or stur- 



Fish Laivs of Oregon 45 



geon during any close season or any close season 
that may hereafter be enacted for the protection 
of salmon fish or sturgeon, shall be construed as 
prima facie evidence that the same were unlaw- 
fully caught during said closed season, and it shall 
be no defense that the fish were caught or taken 
outside or within the State. [L. 1905, p. 426, § 1.] 

This penalty applies to Sections 5!l, 60, 61, 68, 76 and 
77, of this compilation. 

§ 79. Blasting Out Reefs in the Illinois and Rogue 
Rivers. 
The Master Fish Warden of the State of Ore- 
gon is hereby authorized and required to blast out 
the reefs of rock in the Illinois River and in Rogue 
River within the boundaries of Josephine County, 
wherever such rock and reefs interfere with the 
passage of salmon up the said streams. [L. 1907, 
p. 379, § 1.] 

§80. Idem; Apiyropriation for. 

There is hereby appropriated out of the general 
fund of the State of Oregon the sum of three hun- 
dred dollars ($300) for the carrying out of said 
work upon the Illinois River and a further sum 
of two hundred dollars ($200) for the carrying 
out of said work upon Rogue River. [L. 1907, 
p. 380, § 2.] 



46 Fish Lmvs of Oregon 

OBSTRUCTION OF STREAMS PRO- 
HIBITED. 

§ 81. (B. & C. Code, § 4085.) Obstruction in Fish 
Stream Prohibited — Taking Fish Within Six 
Hundred Feet of Fishivay Unlaivful. 
It shall be unlawful for any person to con- 
struct any mill-dam or artificial obstruction across 
any stream in this State frequented by salmon 
or trout, or to maintain any such mill-dam or 
obstruction heretofore erected without providing 
a passageway for such fish over such obstruc- 
tion, such passageway for fish to be constructed 
as near the main channel as may be practicable. 
It shall be the duty of the fish warden to examine, 
from time to time, all mill-dams and artificial 
obstructions to all rivers and streams in the State 
frequented by salmon or other migratory fish, 
and if in his opinion there is not a free passage 
for fish over any mill-dam or artificial obstruc- 
tion, to notify the owner or occupant thereof to 
provide the same within a reasonable time with 
a durable and efficient fishway, of such form and 
capacity and in such location as shall be de- 
termined by the fish warden. If such fishway is 
not completed to the satisfaction of said fish 
warden within the time specified, the owners or 
occupants of such mill-dam or artificial obstruc- 
tion shall be deemed guilty of a misdemeanor, 
and on conviction shall be punished as in this act 
hereinafter provided. It shall be incumbent upon 
the owners and operators of all mill-dams or 
artificial obstructions, where the fish warden 
requires such fishway to be provided, to keep the 
same in repair and open and free from obstruc- 



Fish Laws of Oregon 47 

tion to the passage of fish at all times, and any 
owner or operator of any dam or artificial obstruc- 
tion who neglects or refuses to keep such fishway 
in repair and open and free from obstruction 
to the passage of fish shall be guilty of a 
misdemeanor, and upon conviction shall be pun- 
ished as in this act hereinafter provided ; and the 
contmuance from day to day of the neglect or 
refusal after notification in writing by the fish 
warden, shall constitute a separate offense; and 
it shall be unlawful for any person to willfully 
or knowingly destroy, injure, or abstract from 
such fishway, or to take or catch any salmon or 
other migratorv fish within six hundred feet of 
any fishway. [L. 1901, p. 337, § 24.] 

Penalty in Section 117 of this compilation. 

§ 82. Unlawful to Frighten or Drive Salmon. 

It shall be unlawful for any person to place 
in any stream of this State M^here salmon run 
or exist, within the distance from any dam, fish- 
way or object in which the taking of salmon is 
prohibited by law, any blood or offal of salmon 
or fish, or any other substance or matter or con- 
trivance that will frighten or drive salmon or 
with intent to drive or frighten from or out of 
that part of the v/aters of any stream in which 
it is unlawful to fish for or take the same. [L. 
1905, p. 94, § 1.] 

For penalty see Section 83 of this compilation. 

§ 83. Penalty for Violating Preceding Section. 

Any person violating the provisions of this act 
shall be punished by a fine of not less than $50 
or not more than $1,000, or by imprisonment in 
the county jail not to exceed six months. [L. 
1905, p. 94, § 2.] 

This penalty applies only to Section 82 of this compilation. 



48 Fish Laws of Oregon 

FISHWAY OVER FALLS AT OREGON 
CITY. 

§ 84. (B. & C. Code, § 4118.) Hindering Passage 
of Fish Prohibited. 
It shall be unlawful for any one to hinder, 
annoy, or disturb the fish entering, passing 
through, or leaving said fishway, or to obstruct 
the passage of fish through the same at any time 
or in anj" manner, or for any one to place any- 
thing in said fishway or use any device for catch- 
ing fish, or any wheel, or net, or hooks, or lines 
in said fishway, or anywhere within fifty feet 
thereof, or to catch fish at any time anywhere 
within fifty feet of said fishway, or any one to 
do any injury to said fishway. [L. 1893, p. 37, § 8.] 

The concluding sentence of the act of 1901 (L. 1901, p. 
337, Sec. 4), amends this section to read "within six hundred 
feet of said fishway." See Section 4085, B. & C. Code, Section 
81 of this compilation. 

Following is an opinion of the Attorney-General, construing 
Sections 4085 and 4181, rendered at the request of the Master 
Fish Warden : 

Salem, Oregon, December 17, 1904. 

Dear Sir : Replying to yours of the 2d instant requesting 
my opinion as to how near to the fishway recently built by 
the State over the falls of the Willamette River at Oregon City, 
people are allowed under the law to catch salmon, permit me 
to say that Section 4 085 of Bellinger and Cotton's Annotated 
Codes and Statutes provides : "It shall be unlawful for any 
person to willfully or knowingly destroy, injure, or abstract 
from such fishrcaij (those mentioned in the act) or to take 
or catch any salmon or other migratory fish within six hundred 
feet of anv fishvyay." 

"Any fishway" means a fishway built by the State as well 
as one built by private parties. Any person who violates the 
provisions of the section above referred to is punishable under 
Section 4113, as amended by the I.iaws of 1903, page 237. 
The law of 1893, I am inclined to think, is applicable, except 
where they conflict with the 1901 law, as the former was enacted 
with reference to a fishway to be constructed by the State of 
Oregon at Oregon City, and while it was not done under that 
act, it was constructed by virtue of a second act, and the 
penalties for obstructing the same were not repealed. How- 
ever, the distance that salmon or other migratory fish may 



Fish Laws of Ovegoyi 49 

be taken from the fishway is governed by the law of 1901, 
that being the later act, and any person who injures the fish 
in any manner can be piinisherl under the former statute, 
or other statutes relati\'e to injuries to property. 

Respectfully, A. M. CRAWFORD, 

Attorney-General. 

For penalty see Seclion Sfi of this compilation. 

§ 85. Fishnmij Over Falls at Oregon Citu- 

The Board of Fish Commissioners of the State 
of Oregon are hereby directed and authorized to 
make such improvements and repairs to the fish- 
way over the falls of the Willamette River at 
Oregon City as in their judgment may become 
necessary, from time to time, and to pay for the 
same out of any moneys in the hatchery fund for 
Fishing District No. 1, or if no funds are available 
when such improvements or repairs are made, 
then out of the first moneys which become avail- 
able therefor in said fund after the improvements 
or repairs are made, and the Secretary of State 
is hereby authorized and directed to draw his 
warrant on the Treasurer of the State of Oregon 
for such sums as shall be approved by said Board 
of Fish Commissioners, incurred for said improve- 
ments or repairs, pavable out of said fund. [L. 
1907, p. 224, § 1.] 

§86. (B. & C. Code, § 4119.) Penalty for Viola- 
tion of Act. 
Any person violating any of the provisions of 
this act shall be guilty of a misdemeanor, and upon 
conviction shall be punished by a fine of not less 
than $20 nor more than $200, or by imprison- 
ment in the county jail not less than ten days nor 
more than one hundred days, or both, in the 
discretion of the court. [L. 1893, p. 37, § 9.] 

This penalty applies only to Section 84 of this compilation. 



50 Fish Laios of Oregon 

§87. (B. & C. Code, § 4120.) Justices' Courts 
Have Concurrent Jurisdiction. 
Justices of the peace shall have concurrent juris- 
diction in the first instance with the circuit courts 
of all offenses under this act. [L. 1893, p. 37, 
§ 10.] 

§ 88. (B. & C. Code, § 4121.) Authority to Remove 
Obstructions Above Falls. 
The board provided for in Section 3 shall have 
authority to remove any artificial obstructions 
placed in the river above the falls which would 
prevent the free passage of fish up the river. [L. 
1893, p. 37, § 11.] 

The board referred to in this section, as provided for in 

Section 3 of the act, consists of the Governor, Secretary of 

State, and State Treasurer. Section 3 is temporary in its 
operation, and is therefore omitted. The board created by that 

section continues in existence for the purpose specified in 
Section 4121. 

This section refers to Section 84 of this compilation. 



Fish Laws of Oregon 51 



POSSESSION OF FISH DURING CLOSE 
SEASON PROHIBITED. 

§ 89. (B. & C. Code, § 4084.) Possession of Fish 
Cmight During Closed Season Lhilaivful — 
Presumption From Possession. 
It shall be unlawful for any person or persons 
to receive, or have in his or their possession, or 
sell or offer for sale or transportation, or trans- 
port, during the closed season named in this act, 
any chinook, steelhead, blueback, silverside, or 
other species of salmon, caught or taken during 
any of the close seasons named in this act; and 
in all prosecutions under this section the posses- 
sion by any person during the close season named 
in this act of any chinook, steelhead, blueback, 
silverside, or other species of salmon, shall be 
construed as pinma facie evidence that the same 
were unlawfully caught during the close season. 
[L. 1901, p. 336, § 23.] 

Under the former law it was held that it was not a viola- 
tion of the law to have in one's possession during the closed 
season salmon caught out of the State or caught in the State 
during- open season: State v. McGuire, 24 Or. 366, 33 Pac. 666, 
21 L. R. A. 478. 

Under a law prohibiting the possession of trout in closed 
season, however, this case is distinguished and it is held 
that the law was as much in force against trout lawfully 
caught in another State and shipped into the State, becoming 
a part of its genei-al property, as to those caught within its 
limits: State v. Sclmman, 36 Or. 16, 58 Pac. 661, 47 L. R. A. 
153, 78 Am. St. Rep. 754. 

It is also held that such a law is not invalid as being a 
regulation of interstate commerce: In re Deininger, 108 Fed. 623. 

The wording of this section, however, seems to allow the 
possession of trout caught in another State or in an open season. 

For penalty see Section 117 of this compilation. 



52 Fish Lairs of Oregon 

LAWS PERTAINING TO THE FISHING 
INDUSTRY. 

§ 90. (B. & C. Code, § 4087.) Fish Wheel, Must 
Not Be Cojicealed — How Placed. 
It shall be unlawful for any person to place 
or cause to be placed in any of the rivers or waters 
of this State, or in any river or water over or 
upon which this State has concurrent jurisdiction, 
any fish wheel in a condition to take salmon, or 
in a position less than three feet above the sur- 
face of any such river or water, or covered or 
concealed in such manner that the position of 
the same cannot be clearly discerned from the 
nearest river bank, during any part of the close 
season specified in this act. [L. 1901, p. 338, § 26.] 

For penalty see Section 117 of this compilation. 

§ 91. (B. & C. Code, § 4090.) Traps, Nets, Fish 
Wheels, Etc.; Unlaw fid to Fish Without 
License. 
It shall be unlawful for any person or persons 
to operate or maintain, or leave in a condition 
to take fish, in any of the waters of this State 
at any time hereafter, any fish traps, weir, pound 
net, set net, gill net, fish wheel, seine, or any 
device or apparatus or gear used in catching sal- 
mon, fish or sturgeon, without first having 
obtained from the fish warden a license therefor 
as hereinafter provided. [L. 1901, p. 338, § 29.] 

For penalty see Section 117 of this compilation. 

§92. (B. & C. Code, § 4098.) Regulations to 
Govern Fixed Fishing Appliances. 
Any person, after first having obtained license 
from the fish warden to operate a pound net, trap, 



Fish Latvs of Oregon 53 

or weir, shall indicate the location for such pound 
net, trap, or weir by erecting a permanent and 
conspicuous monument on the bank of the river 
or channel, and upon said monument shall cause 
to be placed and maintained the license number, 
preceded by an "O," designated by the fish warden 
at the time of issuing said license; said number 
to consist of black figures not less than six inches 
in length painted on white ground ; after any such 
pound net, trap, or weir has been located and con- 
structed the owner thereof shall file a map with 
the fish warden, giving the exact description and 
location thereof. During the fishing season, 
between sunset and sunrise, a bright and con- 
spicuous white light shall be maintained on each 
pound net, trap, or weir. Any person having 
obtained a license from the fish warden to operate 
a fish wheel, shall cause to be placed and main- 
tained in a conspicuous place on said wheel or 
on a permanent monument erected for that pur- 
pose the number, preceded by an "0," designated 
by the fish warden at the time of issuing said 
license; said number to consist of black figures 
not less than six inches in length painted on white 
ground. Any person having obtained a license 
from the fish warden to operate a set net shall 
cause to be placed and maintained on a substantial 
post or monument erected for that purpose on 
the bank of the river or channel, or upon a buoy 
securely anchored on the location claimed, the 
number, preceded by an "O," designated by the 
fish warden at the time of issuing said license, 
said number to consist of black figures not less 
than six inches in length painted on white ground ; 
in addition thereto said person shall cause to be 



54 Fish Laws of Oregon 



branded on the corks of each end of said set net, 
and upon the cork nearest the center thereof the 
number designated in said license, said number to 
consist of figures not less than one inch in length. 
Any person having obtained a license from the 
fish warden to operate a seine shall cause to be 
placed and maintained in a conspicuous place on 
the wharf, scow, or float maintained at the sein- 
ing ground claimed, the number, preceded by an 
"0," designated by the fish warden at the time 
of issuing said license, said number to consist 
of black figures not less than six inches in length 
painted on white ground ; in addition thereto said 
person shall cause to be branded on the corks 
of each end of said seine, and upon the cork 
nearest the center thereof, the number designated 
in said license, said number to consist of figures 
not less than one inch in length. Any person 
having obtained a license from the fish warden 
to operate a gill net in any of the waters of this 
State or the Columbia River, or from the fish 
commissioner of the State of Washington, said 
State having concurrent jurisdiction on the 
Columbia River with this State as to gill nets 
and as to gill net fishermen, shall cause to be 
placed upon the corks of each end of such net, 
and upon the cork nearest the center thereof, the 
number designated in said license, said number 
to consist of figures not less than one-half inch 
in length ; and shall also cause to be placed upon 
each side of the bow of the boat used to operate 
such net, the number designated in said license, 
preceded by an "O," if issued by the fish warden 
of the State of Oregon, or the number designated 
in said license, preceded by a "W," if issued by 



Fish Laws of Oregon 55 

the fish commissioner of the State of Washington, 
said number to consist of black figures not less 
than six inches in length painted on light ground, 
or white figures not less than six inches in length 
painted on dark ground. A separate license shall 
be required for each pound net, trap, weir, fish 
wheel, set net, or for any other fixed appliance, 
and for each seine, gill net, or other drift net. 
Any owner or operator of any fishing appliance 
or boat herein specified, who fails, neglects, or 
refuses to comply with any of the provisions of 
this section within five days from the date of 
license issued for such appliance, shall be deemed 
guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine of not less 
than $10 nor more than $§0 and the costs of the 
action; a failure from day to day to comply with 
any of the provisions of this section shall consti- 
tute a separate offense and subject the owner or 
operator of said appliance or boat to additional 
punishment by such fine. [L. 1905, p. 429, § 4.] 

§ 93. Pound Net — Duty of Owner. 

It shall be the duty of the owner of each and 
every pound net constructed in the waters of the 
Columbia River, over which the State of Oregon 
has concurrent jurisdiction, to remove from the 
bed of the Columbia River all piling driven in 
the same, by pulling out said piling, within five 
days from the close of each fall fishing season, 
and to keep said piling out of the river until 
within ten days of the commencement of the fish- 
ing season in the following spring. [L. 1905, p. 
271, § 1.] 

For penalty see Section 94 of this compilation. 



56 FisJi Laws of Oregon 

§ 94. Violation of Preceding Section — Pe^ialty. 

Any person who shall violate any of the pro- 
visions of this act, upon conviction thereof, shall 
be punished by a fine of not less than $50 nor 
more than $500, or by imprisonment in the county 
jail not less than twenty-five nor more than two 
hundred and fifty days, or by both such fine and 
imprisonment. [L. 1905, p. 271, § 2.] 

This penalty applies only to Section 93 of this compilation. 

§95. (B. & C. Code, § 4116.) Chi7iese Sturgeon 
Lines, Use of Prohibited in Columbia River — 
Fish Commissioner to Destroy — Penal Py^o- 
vision. 
It shall be unlawful to cast, extend, set, use, 
or continue to assist in casting, extending or 
using, any Chinese sturgeon line, or lines of a 
similar character, in the waters of the State of 
Oregon, or in the waters of the Columbia River 
or its tributaries. The fish warden and any of 
his deputies or bailiffs, sheriffs, deputy sheriffs, 
constables, or other peace officers, are hereby 
authorized to seize and destroy any such lines 
found in said waters, and they are hereby author- 
ized to arrest, without warrant, any person or 
persons detected in setting or using any Chinese 
sturgeon line or lines of a similar character in 
said waters. Any person or persons violating 
any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be punished by a fine of not 
less than $20 and not more than $1,000 and costs 
of the action, or by imprisonment in the county 
jail not less than ten days nor more than one 
year, or by both such fine and imprisonment; 



Fish Laivs of Oregon 57 



provided, in case of fine only, that he be im- 
prisoned in the county jail until such fine and 
costs of action be paid, and he shall be credited 
on such fine and costs the sum of $2.00 for each 
and every day imprisoned. All moneys collected 
as fines shall be disposed of as follows : One-third 
shall be paid to the prosecuting witness other 
than the Master Fish Warden or the deputy fish 
warden ; the remaining two-thirds, or all, as the 
case may be, shall be paid to the Master Fish 
Warden, and by him deposited with the State 
Treasurer, to be placed in the hatchery fund for 
the district in which said fine was imposed. [L. 
1905, p. 279, § 3.] 

§ 96. Poivder, Gas, Lime, Cocculus Indicus, Poison, 
Etc. 
(a) It shall be unlawful to explode or cause 
to be exploded any giant powder, dynamite or 
other explosive in any lake, river, stream, pond, 
bay or other waters within the boundaries of this 
State without first obtaining an order permitting 
it to be done from the board of county commis- 
sioners of the county in which it is desired to use 
the explosives, as hereinafter provided. 

ih) It shall be unlawful to place, or cast, or 
pass or allow to be cast, or flow, or passed, any 
gas, lime, cocculus indicus, or extract therefrom, 
or any other substance poisonous to fish, in any 
lake, river, stream, pond, bay or other waters 
within the boundaries of this State, without first 
obtaining an order permitting it to be done from 
the board of county commissioners of the county 
in which it is desired to use the poison, as herein- 
after provided. 



58 Fish Laws of Oregon 

(c) It shall be unlawful to take, or kill, or 
injure any fish in any lake, river, stream, pond, 
bay or other waters within the boundaries of 
this State by means of giant powder, dynamite 
or other explosive, or by means of lime, cocculus 
indicus or extract therefrom, or other poison, 
without .first obtaining- an order of the county 
commissioners of the county permitting it to be 
done as hereinafter provided. 

{d) Having in possession any trout, salmon, 
or other game fish under circumstances which 
make it reasonable to believe that they were taken 
and killed by means of lime or cocculus indicus 
or extract therefrom, or other poison, or by giant 
powder or dynamite, or other explosive, shall 
justify the arrest of the person or persons so 
having the fish in their possession ; and it shall 
then be incumbent upon such persons to prove 
and show that the fi.sh were taken and killed by 
lawful means. 

(e) Every person who aids or abets in exolbd- 
ing any giant powder, dynamite or other ex- 
plosive, or in putting any lime, cocculus indicus 
or extract therefrom, or other poison, in any lake, 
river, stream, pond, bay or other waters within 
the boundaries of this State contrary to the pro- 
visions of this section, or who aids or abets in 
taking or killing any fish in this State contrary 
to the provisions of this section, or who aids 
or abets in taking or securing any fish in this State 
which he knows or has reason to believe have 
been killed or injured contrary to the provisions 
of this section, shall be deemed guilty of violating 
this section, and upon conviction shall be punished 
as hereinafter provided. 



Fish Laws of Oregon 59 

(/) Whenever, in the course of removing any 
obstructions in any waters within this State, or 
in constructing any foundations for dams, bridges 
or other structures, any person shall desire to 
explode any giant powder, dynamite or other 
explosives in any waters within this State, before 
doing so he shall file a verified petition with the 
county commissioners of the county setting forth 
his plans and objects, and when he desires to 
use the explosives, and what necessity there is 
for using explosives. If the county commission- 
ers approve of the necessity for using the ex- 
plosives they may make an order granting the 
petitioner leave to use explosives, designating the 
place or places and period within ■ which the 
explosives may be used, and prescribing such pre- 
cautions as will save the fish from injury. If 
any such person disregards such order he shall 
be deemed to have violated this section, and upon 
conviction shall be punished accordingly. 

(g) Whenever the owner of any lake or pond 
in this State desires to get rid of and kill the fish 
known as German carp in said lake or pond, he 
shall file a verified petition with the county com- 
missioners of the county stating in \yhat section, 
township and range the lake or pond is situated, 
and with what waters it connects, and his reasons 
for wishing to kill the fish. He shall truly and 
particularly state what other kinds of fish are in 
the lake or pond. If the county commissioners 
are satisfied that there are no fish other than 
German carp, catfish, suckers, and such like 
worthless fish in the lake or pond, and that the 
same has no outlet whereby the poison can escape 
into other waters, the commissioners shall make 



60 Fish Laws of Oregon 

an order permitting the person to put lime or 
other substance in the lake or pond for sa^'d pur- 
pose. If any person use lime or other po^.son in 
any water within the boundaries of this State, 
without first obtaining" such order, or contrary to 
such order, he shall be deem.ed to have violated 
this section, and upon conviction shall be punished 
as hereinafter provided. 

(//) Every person who desires to obtain per- 
mission to use explosives, or lime, or poison, 
under provisions of this section, shall serve upon 
the Fish Commissioner, or State Game and For- 
estry Warden of this State, a certified copy of his 
petition, not less than ten days before the hearing 
of the petition. Such tervice may be made per- 
sonally upon the Fish Commissioner or State 
Game and Forestry Warden, or by registered 
mail, and the proof of service shall be filed with 
the commissioner. The Fish Commissioner or 
State Game and Forestry Warden or any person 
interested may oppose the granting of the order, 
and the same may be reviewed. 

Any person or persons violating any of the 
provisions of this section shall be tried in the 
circuit court of the county wherein such offense 
shall have been committed, and UDon conviction 
shall be both fined and imprisoned. If it is his 
first conviction for violating the provisions of 
said section he shall be fined not less than $200, 
or by imprisonment in the county jail not less 
than thirty days nor more than one year, or by 
both such fine and imprisonment. If he is 
convicted of violating said section a second 
time, or oftener, he shall then be fined not less 
than $1000 nor more than $3000, and shall be 



FlsJi Loirs of Oregon 61 

imprisoned in the penitentiary not less than one 
year nor more than three years for each re seated 
offense. [L. 1909, p. 421, § 50.] 

§97. Saudusf, Planer Shavings, Lumber Waste, 
Etc. 

It shall be unlawful for any proprietor or 
operator of any sawmill or other lumber manu- 
facturing concern, or of any pulp mill, wood saw, 
other wood-sawino: or manufacturing concern, or 
tannery, in this State, or any employee thereof, 
or any other Derson, to cast sawdust, planer 
shavings, wood pulp or other lumber waste, or 
suffer or permit such sawdust, shavings, other 
lumber waste or wastes from tannery, to be 
thrown or discharged in any manner into any 
waters flowing into the Pacific Ocean within this 
State, or the Columbia River, or other waters 
of this State, or to deposit the same where high 
waters will take the same into the Columbia 
River, or any other waters of the State. 

Any person or persons, firm or corporation 
violating any of the provisions of this section 
shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be fined in a sum 
not less than $50 nor more than $500 and costs 
for each and every offense. [L. 1909, p. 423, § 51.] 

The question whetlier or not casting sawdust into rivers 
is injurious to fish is a question for tlie Legislature and not 
for the courts, and wlien tlie Legislature lias passed a law 
prohibiting sucli act, tlie courts are precluded from examining 
that question: State v. Shaiv. 22 Or. 290. 29 Pac. 1028. 

This section bv implication repeals Section 4086 of B. & 
C. Code. 

§ 98. Wire Screens Required at Inlets to Canals 
and Ditches. 
Any person or persons, firm or corporation, 
owning in whole or in part, or leasing, operating 



62 Fish Laws of Oregoyi 

or having- in charge any millrace, irrigating ditch 
or canal, taking or receiving its waters from any 
river, creek or lake in which fish have been placed 
or may exist, shall place or cause to be placed 
and maintained over the inlet of the ditch, canal 
or millrace, when required by the Master Fish 
Warden, a wire screen or grating or such other 
device, of such construction, fineness, strength 
and quality as shall prevent any fish from enter- 
ing such ditch, canal or millrace; the same to be 
placed in such ditch, canal or millrace on a slant 
not exceeding forty-five (45) degrees, and in such 
manner that the bottom thereof shall extend up 
stream against the flow of water; provided, that 
if a grating device be used the space between 
the bars shall not exceed one-half (I/2) an inch. 
Any person or persons, firm or corporation violat- 
ing any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be punished by a fine of not 
less than $50 and not more than $500 and the 
costs of the action, or by imprisonment in the 
county jail not less than ten days nor more than 
sixty days, or by both such fine and imprison- 
ment; in case of fine only, that he be imprisoned 
in the county jail until fine and costs of action 
be paid and he shall be credited on such fine and 
costs the sum of $2 for each day imprisoned. 
Justices of the peace shall have concurrent juris- 
diction. [L. 1909, p. 431, § 66.] 



Fish Laivs of Oregon 63 



LICENSE FOR FISHING, AND BUSINESS 
REGULATED. 

§ 99. (B. & C. Code, § 4089.) License, Fishing 
Without, Otherwise Than by Angling Pro- 
hibited. 
It shall be unlawful for any person or persons 
to take or fish for salmon fish or sturgeon in 
any of the waters of this State, or in any of the 
waters upon which this State has concurrent 
jurisdiction, by any means whatever, except with 
hook and line, commonly called angling, without 
first having obtained a license therefor, as in 
this act hereinafter provided. [L. 1901, p. 338, 
§ 28.] 

For penalty see Section 117 of this compilation. 

§100. (B. & C. Code, § 4092.) 'Citizens or Per- 
sons Having Declared Intentions, Fishing 
Restricted to — License From Washington 
State Sufficient — Where. 
It shall be unlawful for any person to take or 
fish for salmon, sturgeon, or other anadromous 
fish in any waters of this State unless such per- 
son be a citizen of the United States, or has 
declared his intention to become such, and has 
been a bona fide resident of the State of Oregon, 
or the states of Washington or Idaho, for the 
period of six months ; provided, that a license 
issued by the State of Washington, such State 
having concurrent jurisdiction on the Columbia 
River with this State, shall be deemed valid as to 
gill nets, and as to gill net fishermen, for use 
on the Columbia River, as though issued by the 



64 Fish Laivs of Oregon 

fish warden of this State. Any person desiring 
to fish for salmon, sturgeon, or other anadromous 
fish in any such rivers or waters, may go before 
any county clerk of any county in this State and 
furnish satisfactory evidence of his citizenship, 
or of the fact that he has declared his intention 
to become such one year prior thereto, and file 
his own affidavit and the affidavit of two other 
persons, to the effect that he is and has been 
for six months prior thereto an actual bona fide 
resident of this State, and thereupon such 
recorder or clerk shall issue to him a certificate 
briefly reciting those facts, and thereafter in any 
prosecution against such person for a violation 
of the provisions of this act, such certificate or 
duly authenticated copies of the record in the 
office of the clerk or recorder relative thereto, 
shall be prima facie evidence of his citizenship 
and residence as- in this act required. But in all 
prosecutions under this act the burden of proof 
shall be on the defendant to establish the facts 
of his citizenship and residence. [L. 1909, p. 
467, § 2.] 

For penalty see Section 117 of this compilation. 

§ 101. (B. & C. Code, § 4093.) License, Procedure 
to Obtain — Amount of License Fees. 
Any person who is a citizen of the United 
States, or who has declared his intention to 
become such, and is a resident of the State of 
Oregon, or the states of Washington or Idaho, 
desiring to engage in the business of operating 
a fish traD, weir, pound net, set net, gill net, 
fi§h wheel, or seine, or other fishing appliance 
not prohibited by law, for the purpose of catch- 



Fish Laws of Oregon 65 



ing fish in any of the waters of this State, or over 
which the State of Oregon has concurrent juris- 
diction, shall make application in writing to the 
fish warden of said State, specifying with con- 
venient certainty the character of the appliance 
that the applicant desires to obtain license for, 
and the location, if for a stationary appliance, 
and upon payment of a license fee as hereinafter 
provided, said fish warden shall issue to such 
applicant a license to operate the character of 
appliance desired in said application; provided, 
that such license shall be good onlj'' in the district 
for which the same was issued. The following 
license fees for fishing appliance shall be paid 
by those owning or operating the same : For each 
drag seine, not exceeding 500 feet in length; $15, 
for each additional foot in length the further sum 
of three cents; for each gill net, $5.00; for each 
set net, $2.50 ; for each pound net, trap, or weir, 
$25 ; for each scow fish wheel, $25 ; for each 
stationary fish wheel, $35. All licenses issued 
under the provisions of this section shall expire 
on the thirty-first day of March following the 
issuance of such license. [L. 1905, p. 116, § 1.] 

For penalty see Section 117, post, of this compilation. 

§ 102. Packing or Dealijig in Salmon or Other 

Anadromous Fish or Sturgeon Without 

License Unlawful. 

It shall be unlawful for any person or persons, 

firm or corporation, to engage in the business of 

buying, selling, canning, packing, preserving, 

peddling or otherwise dealing in salmon fish or 

sturgeon or other anadromous fish within the 

State of Oregon, without first having obtained a 

3 



66 Fish Laws of Oregon 



license therefor from the Fish Warden as herein- 
after provided. In all prosecutions under this 
section, it shall be no defense that the person 
or persons, or firm or corporation, caught his or 
their or its own salmon fish or sturgeon or not. 
All licenses issued under the provisions of this 
section shall expire on the thirty-first day of 
March following the issuance thereof. [L. 1907, 
p. 100, § 1.] 

For penalty see Section 112 of this compilation. 

This section repeals by implication Section 4091, B. & 
C. Code. 

§ 103. Purse Net. 

Except as hereinafter provided, it shall be 
unlawful to operate or maintain within any of 
the rivers of this State, or in the Columbia River, 
or in the Pacific Ocean, within three miles of the 
mouth of any of the rivers of this State, or of 
the Columbia River, any purse net, or other like 
seines, for the purpose of catching or taking sal- 
mon or other anadromous fish or sturgeon. It 
shall be lawful to operate such purse net or 
seine in the waters of the Columbia River upon 
first securing a license from the Master Fish 
Warden therefor, in the same manner and to the 
same effect that other fishing licenses are 
obtained, and paying a license fee to the Master 
Fish Warden for such license in the sum of $50. 
[L. 1909, p. 467, § 4.] 

For penalty see Section 104 of this compilation. 

§ 104. Penalty. 

Any person violating any of the provisions of 
this act shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be fined in a 



Fish Lmvs of Oregon 67 

sum not less than $50, nor more than $1,000 and 
costs, for each and every offense, and in addition 
thereto shall forfeit the purse net or other like 
seine or device or devices so unlawfully used. [L. 
1907, p. 154, § 2.] 

This penal section applies only to Section 103 of tliis 
compilation. 

§ 105. Canneries Classified — License Fees to Be 
Paid. 
Any person, firm, or corporation, engaged in 
the business of canning fresh salmon, or other 
anadromous fish or sturgeon, in hermetically 
sealed tins or cans in this State, shall pay license 
fees as follows: Those of the first class, $100; 
second class, $150; third class, $200; fourth 
class, $250; fifth class, $300; sixth class, $850; 
seventh class, $400; eighth class, $450; ninth 
class, $500 ; tenth class, $550 ; eleventh class, $600 ; 
twelfth class, $650; thirteenth class, $700; four- 
teenth class, $750; fifteenth class, $800; six- 
teenth class, $850; seventeenth class, $900 
eighteenth class, $950; nineteenth class, $1,000 
twentieth class, $1,050; twenty-first class, $1,100 
twenty-second class, $1,150; twentv-third class, 
$1,200; twenty-fourth class, $1,300; twenty-fifth 
class, $1 ,500. Canners of the first class are those 
whose pack of fish for the year next preceding 
the year that the license is applied for did not 
exceed 5,000 cases, forty-eight pounds to the case. 
Those of the second class are canners whose pack 
for the year next preceding the year the license 
is applied for exceeded 5,000 cases, but did not 
exceed 7,500 cases, forty-eight pounds to the case. 
Those of the third class are canners whose pack 
for the year next preceding the year the license 



68 Fish Laws of Oregon 

is applied for exceeded 7,500 cases, but did not 
exceed 10,000 cases, forty-eig-ht pounds to the 
case. Those of the fourth class are canners whose 
pack for the year next preceding the year the 
license is applied for exceeded 10,000 cases, but 
did not exceed 12,500 cases, forty-eight pounds 
to the case. Those of the fifth class are canners 
whose pack for the year next preceding the year 
the license is applied for exceeded 12,500 cases, 
but did not exceed 15,000 cases, fortj^-eight pounds 
to the case. Those of the sixth class are canners 
whose pack for the year next preceding the year 
the license is applied for exceeded 15,000 cases, 
but did not exceed 17,500 cases, forty-eight pounds 
to the case. Those of the seventh class are canners 
whose pack for the year next preceding the year 
the license is applied for exceeded 17,500 cases, but 
did not exceed 20,000 cases, forty-eight pounds 
to the case. Those of the eighth class are canners 
whose pack for the year next preceding the year 
the license is applied for exceeded 20,000 cases, 
but did not exceed 22,500 cases, forty-eight pounds 
to the case. Those of the ninth class are canners 
whose pack for the year next preceding the year 
the license is applied for exceeded 22,500 cases, 
but did not exceed 25,000 cases, forty-eight 
pounds to the case. Those of the tenth class are 
canners whose pack for the year next preceding 
the year the license is applied for exceeded 25,000 
cases, but did not exceed 27,500 cases, forty-eight 
pounds to the case. Those of the eleventh class 
are canners whose pack for the year next preced- 
ing the year the license is applied for exceeded 
27,500 cases, but did not exceed 30,000 cases, 
forty-eight pounds to the case. Those of the 



Fish Laws of Oregon 69 

twelfth class are canners whose pack for the year 
next preceding' the year the license is applied 
for exceeded 30,000 cases, but did not exceed 
32,500 cases, forty-eight pounds to the case. Those 
of the thirteenth class are canners whose pack 
for the year next preceding the year the license 
is applied for exceeded 32,500 cases, but did not 
exceed 35,000 cases, forty-eight pounds to the case. 
Those of the fourteenth class are canners whose 
pack for the year next preceding the year the 
license is applied for exceeded 35,000 cases, but 
did not exceed 37,500 cases, forty-eight pounds 
to the case. Those of the fifteenth class are 
canners whose pack for the year next preceding 
the year the license is applied for exceeded 37,500 
cases, but did not exceed 40,000 cases, forty-eight 
pounds to the case. Those of the sixteenth class 
are canners whose pack for the year next preced- 
ing the year the license is applied for exceeded 
40,000 caries, but did not exceed 42,500 cases, 
forty-eight pounds to the case. Those of the 
seventeenth class are canners whose pack for the 
year next preceding the year the license is applied 
for exceeded 42,500, but did not exceed 45,000 
cases, forty-eight pounds to the case. Those of the 
eighteenth class are canners whose pack for the 
year next preceding the year the license is applied 
for exceeded 45,000 cases, but did not exceed 
47,500 cases, forty-eight pounds to the case. Those 
of the nineteenth class are canners whose pack 
for the year next preceding the year the license 
is applied for exceeded 47,500 cases, but did not 
exceed 50,000 cases, forty-eight pounds to the 
case. Those of the twentieth class are canners 
whose pack for the year next preceding the year 



70 Fish Laws of Orego7i 

the license is applied for exceeded 50,000 cases, 
but did not exceed 52,500 cases, forty-eight pounds 
to the case. Those of the twenty-first class are 
canners whose pack for the year next preceding 
the year the license is applied for exceeded 52,500 
cases, but did not exceed 55,000 cases, forty-eight 
pounds to the case. Those of the twenty-second 
class are canners whose pack for the year next 
preceding the year the license is applied for 
exceeded 55,000 cases, but did not exceed 57,500 
cases, forty-eight pounds to the case. Those of 
the twenty-third class are canners whose pack 
for the year next preceding the year the license 
is applied for exceeded 57,500 cases, but did not 
exceed 60,000 cases, forty-eight pounds to the 
case. Those of the twenty-fourth class are can- 
ners whose pack for the year next preceding the 
year the license is applied for exceeded 60,000 
cases, but did not exceed 65,000 cases, forty-eight 
pounds to the case. Those of the twenty-fifth class 
are canners Avhose pack for the year next pre- 
ceding the year the license is aoplied for exceeded 
65,000 cases, forty-eight pounds to the case. When 
more than one cannery or plant is operated by 
the same uerson, firm, or corporation, each shall 
be licensed separately and according to its class. 
Any person, firm, or corporation desiring to en- 
gage in the business of canning fresh salmon or 
other anadromous fish or sturgeon in this State 
shall make an application in writing to the Master 
Fish Warden for a license therefor, which applica- 
tion shall describe the location of the cannery, as 
near as practicable, and shall be accompanied by 
the aflfidavit of the applicant, stating the number 
of cases of fish that were packed in such cannery 



Fish Laws of Oregon 71 

the year next preceding the year the license is 
to be issued, and shall deposit with said applica- 
tion the license fee, according to the class in 
which said cannery should be listed. No license 
shall be issued until such affidavit is made and 
filed and such license fee paid; provided, that if 
any person, firm, or corporation desires to obtain 
a license for a cannery which has not been 
operated the year preceding such application, 
such cannery shall, upon application, be classed 
by the Board of Fish Commissioners, and the 
license fee to be paid shall be three times the 
regular fee according to that class ; excepting in 
a case where a cannery remained idle only one 
season, then in that case the license fee to be 
paid shall be double the regular fee. All licenses 
issued under the provisions of this section shall 
be good only in the district for which the same 
is issued, and shall expire on the thirty-first day 
of March following the issuance of such license. 
[L. 1907, p. 101, § 2.] 

For penalty see Section 112 of this compilation. 

This section repeals bv implication Section 4094, B. & 
C. Code. 

§ 106. Dealers Classified — License Fees to Be 
Paid. 
Any person, firm or corporation, engaged in the 
business of buying, selling, packing, preserving or 
otherwise dealing in salmon or other anadromous 
fish or sturgeon, other than canning thereof, which 
is herein provided for, and whether said per- 
son, firm or corporation catches his or their 
or its own salmon or other anadromous fish 
or sturgeon or not, shall be and are classified 
as follows: First class, dealers or packers 



72 FisJi Laius of Oregon 

handling less than three tons of fish per year ; 
second class, dealers or packers handling three to 
six tons of fish; third class, dealers or packers 
handling six to ten tons of fish; fourth class, 
dealers or packers handling ten to fifteen tons 
of fish; fifth class, dealers or packers handling- 
fifteen to twenty tons of fish; sixth class, dealers 
or packers handling twenty to twenty-five tons 
of fish ; seventh class, dealers or packers handling 
twenty- five to thirty tons of fish; eighth class, 
dealers or packers handling thirty to forty tons of 
fish ; ninth class, dealers or packers handling forty 
to fifty tons of fish ; tenth class, dealers or packers 
handling fifty to sixty tons of fish ; eleventh class, 
dealers or packers handling sixty to seventy tons 
of fish ; twelfth class, dealers or packers handling 
seventy to eighty tons of fish ; thirteenth class, 
dealers or packers handling eighty to one hundred 
tons of fish ; fourteenth class, dealers or packers 
handling one hundred to one hundred and forty 
tons of fish ; fifteenth class, dealers or packers 
handling one hundred and forty to one hundred 
and seventy-five tons of fish ; sixteenth class, deal- 
ers or packers handling one hundred and seventy- 
five to two hundred twentj^-five tons of fish ; seven- 
teenth class, dealers or packers handling two hun- 
dred and twenty-five to three hundred tons of 
fish ; eighteenth class, dealers or packers handling 
three hundred to four hundred tons of fish; nine- 
teenth class, dealers or packers handling four 
hundred to five hundred tons of fish; twentieth 
class, dealers or packers handling five hundred 
to six hundred tons -of fish; twenty-first class, 
dealers or pa'^^-kers handling six hundred to seven 
hundred tons of fish; twenty-second class, dealers 



Fish Laivs of Oregon 73 

or packers handling seven hundred to eight hun- 
dred tons of fish ; twenty-third class, dealers or 
packers handling eight hundred to nine hundred 
tons of fish ; twenty-fourth class, dealers or pack- 
ers handling nine hundred to one thousand tons 
of fish; twenty-fifth class, dealers or packers 
handling one thousand to twelve hundred tons of 
fish ; twenty-sixth class, dealers or packers 
handling twelve hundred to fourteen hundred tons 
of fish ; twenty-seventh class, dealers or packers 
handling fourteen hundred to sixteen hundred 
tons of fish ; twenty-eighth class, dealers or pack- 
ers handling sixteen hundred to eighteen hundred 
tons of fish ; twenty-ninth class, dealers or packers 
handling eighteen hundred to two thousand tons 
of fish ; thirtieth class, dealers or packers are those 
who handle over two thousand tons of fish of the 
dressed product. Any person, firm or corporation 
desiring to obtain a license for the purpose of 
engaging in the business of buying, selling, pack- 
ing, preserving, or otherwise dealing in salmon 
or other anadromous fish or sturgeon, other than 
canning thereof, which is herein provided for, 
and whether said person, firm or corporation 
catches his or their or its own salmon or other 
anadromous fish or sturgeon or not, shall file 
with the Master Fish Warden an application 
therefor, describing with convenient certainty the 
locality at which the applicant purposes to engage 
in business and the general character of such busi- 
ness, whether cold storage or otherwise, and 
shall accompany such application with an affidavit 
of the applicant stating the total number of tons 
of salmon and other anadromous fish and sturgeon 
handled by such applicant the year next preceding 



FisJt Laivs of Oregon 



the year the applicant desires the license and shall 
deposit with said application the license fee as 
hereinafter provided. Such person or persons, 
firm or corporation aforesaid of the first class 
shall pay a license fee of $5.00 ; of the second 
class, $7.50; of the third class, $10.00; of the 
fourth class, $15.00; of the fifth class, $20.00; 
of the sixth class, $25.00 ; of the seventh class, 
$30.00; of the ei.2:hth class, $40.00; of the ninth 
class, $50.00; of the tenth class, $60.00; of the 
eleventh class, $70.00 ; of the twelfth class, $80.00 ; 
of the thirteenth class, $100.00; of the fourteenth 
class, $125.00; of the fifteenth class, $160.00; of 
the sixteenth class, $200.00 ; of the seventeenth 
class, $270.00; of the eighteenth class, $360.00; 
of the nineteenth class, $450.00 ; of the twentieth 
class. $540.00; of the twenty-first class, $630.00; 
of the twenty-second class, $720.00 ; of the twenty- 
third class, $810.00; of the twentv-fourth class, 
$900.00; of the twenty-fifth class, $1,080.00; of 
the twenty-sixth class, $1,200.00; of the twenty- 
seventh class, $1,350.00; of the twentv-eitrhth 
class, $1,530.00; of the twenty-ninth class, $1,- 
710.00; of the thirtieth class, $2,000.00; provkled, 
that any person, firm or corporation desiring a 
license that during the year next preceding such 
auplication was not engaged in dealing in salmon 
or other anadromous fish or sturgeon as a packer 
of the cold storage process, or otherwise, shall, 
upon application, be classified by the Board of 
Fish Commissioners, and a license to be paid shall 
be three times the regular fee according to the 
class named, excepting in a case where a cold 
storage plant remained idle only one season, then 
in that case the license to be paid shall be double 



F-isJi Laics of Oregon 75 

the regular fee. Persons desiring to engage in 
the business of retailing salmon or other anad- 
romous fish or sturgeon for home consumption or 
peddling such fish from house to house that have 
not heretofore engaged in such business shall be 
listed of the first class and shall pay a license 
therefor accordingly, whether such person caught 
his own salmon or other anadromous fish or stur- 
geon, or not; provided, that nothing in this section 
shall be so construed as to deny to any licensed 
fishermen whether the operator of a gill net, set 
net, weir, or pound net, the right to dispose of one 
or more salmon for personal or family use to 
individuals who are not dealers and who do not 
make a practice of buying salmon for retail pur- 
poses. Where more than one shop or plant is 
operated by the same person, firm or corporation, 
each shall be licensed separately and according 
to its class. A peddler's license shall be good for 
one person or wagon and no more. All licenses 
issued under the provisions of this section shall 
be good only in the district for which the same 
is issued, and shall expire on the thirty-first day 
of March following the issuance of such license. 
[L. 1907, p. 103, § 3.] 

Foi- penalty see Section 112 of this compilation. 

This section repeals by implication Section 4095, B. & 
C. Code. 

§ 107. Record of License Applications to Be Kept 
by Fish Warden — Aidhoritu to hispect Can- 
neries, Places of Business, and Books- 
Appeals. 
The fish warden shall keep and preserve a 
record of all applications for license filed. The 
fish warden is not bound by statements therein 



76 Fish Laws of Oregon 

made as to the amount of fish canned, packed or 
handled, and for the purpose of ascertaining the 
true class in which any canner, packer or dealer 
in salmon or other anadromous fish or sturgeon, 
as herein provided, should be listed, such fish 
warden or any of his deputies has full authority 
and is hereby authorized to inspect the cannery, 
cold storage plant, packing establishment and 
places of business of such parties, and the books 
of such showing the amount of their pack or the 
amount handled (but the information derived 
therefrom shall not be made public), and if in 
the opinion of the fish warden the facts set forth 
in the affidavit of the applicant for a license are 
untrue, and the canner, packer, or dealer, as 
herein provided, is not properly classed, he shall 
immediately class the same and list the same 
properly, and cancel the license already issued, 
and demand from such canner, packer, or dealer, 
as herein specified, a new license fee ncessary to 
bring it within the class it should have been listed 
in in the first instance; but any person, firm, or 
corporation feeling aggrieved by the decision of 
the fish warden may appeal from the decision of 
the fish warden to the circuit court of the State 
of Oregon for the county in which his or its busi- 
ness is situated. Such appeal is taken by a written 
notice of such appeal on the fish warden, or his 
deputy residing in the county, and filing same 
with proof of service indorsed thereon within ten 
days from receiving notice of such re-listing by 
such fish warden, together with a bond with one 
or more sufficient sureties, to be approved by the 
clerk of the circuit court, conditioned to pay 
whatever judgment may be rendered against him 



Fish Laws of Oregon 11 



on the appeal, in the office of the clerk 
of the State of Oregon for the county in 
which said business is located ; and the case 
shall be tried in the said circuit court as a suit 
in equity, and judgment entered by the court 
accordingly, and the decision shall be final, and 
the judgment of the court shall be enforced as 
other judgments are, and shall have like force 
and effect. No costs shall be taxed against the 
fish warden in any event. Nothing in this section 
shall be construed to prevent the Board of Fish 
Commissioners, the Master Fish Warden, or any 
of the deputies, from giving in evidence at 
the trial of such appeal any fact or information 
derived by them from inspection of the books or 
papers of any canner, packer, or dealer in fish, 
or from offering in evidence in any court the 
affidavit of any person required by this act. [L. 
1907, p. 105, § 4.] 

For penalty see Section 112 of this compilation. 
This section bv implication repeals Section 4096, B. & 
C. Code. 

§ 108. License, Dated, Numbered, and What to 
Contain. 
Each and every license issued under the pro- 
visions of this act shall be numbered and dated 
by the fish M^arden, and the number of cannery, 
dealer, pound net, gill net, fish wheel, seine, trap, 
or other appliance, or business licensed, and the 
number of the district where the appliance or 
business is located, and shall also contain the 
name of the person or persons to whom such 
license is granted. All licenses for whatever 
appliance or business granted under the pro- 
visions of this act shall be valid only in the 



78 Fislt Laws of Oregon 

district for which the same is issued, and shall 
expire and become null and void on the thirty- 
first day of March following the issuance of such 
license. [L. 1907, p. 106, § 5.] 

This section by implication repeals Section 4097, B. & 
C. Code. 

For penalty see Section 112 of this compilation. 

§ 109. Certificate Sufficient Proof of Issuance. 

In all prosecutions requiring proof as to the 
issuance or non-issuance of a license by the Mas- 
ter Fish Warden under any of the laws of this 
State, the certificate of the Master Fish Warden 
as to the issuance or non-issuance of such license 
by him shall be sufficient proof on that question 
to establish the fact, and such certificate shall be 
admitted in evidence as to the issuance or non- 
issuance of such license in anv prosecution. [L, 
1905, p. 206, § 1.] 

§ 110. Dealers Must Report Fish Purchased. 

It shall be the duty of all persons, firms, or 
corporations who purchase from fishermen or 
takers or catchers of fish, or who catch their own 
fish for the purpose of canning, packing, pre- 
serving, or selling them, or who can pack, pre- 
serve, retail or otherwise deal in fish, to report 
to the fish warden on or before the fifteenth day of 
December each year the number of every species 
of fish, including clams, crabs, crawfish, oysters, 
etc., stated separatelj^ so purchased or taken by 
them during the year ending on said fifteenth day 
of December, and if purchased by weight, the 
number of pounds of each sDecies so purchased 
or taken ; and said report shall be accompanied by 
an affidavit as to the correctness of the same. Any 



Fish Laws of Oregon 79 

person, firm, or corporation who fails, neglects, 
or refuses to comply with the provisions of this 
section shall be deemed guiltv of a misdemeanor. 
[L. 1907, p. 106, § 6.] 

For penalty see Section 112 of this compilation. 

This section by implication repeals Section 4088. B. & 
C. Code. 

§ 111. "Person" or "Persons" Defined. 

The term "person" or "persons" used in this 
act shall be deemed to include partnerships and 
corporations. [L. 1907, p. 107, § 10.] 

Tliis .section refers to Sections 10. 11, 12, 102, 105, 106. 
107, 108 and 110, of this compilation. 

§ 112. Penalty. ' 

Any person, or persons, firm, or corporation 
violating any of the provisions of this act shall 
be deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be punished by a fine of not 
less than $50, nor more than $1,000, and the 
costs of the action, or by imprisonment in the 
county jail not less than 25 days nor more than 
one year, or by both such fine and imprisonment. 
All moneys received from fines and penalties 
under this act shall be disposed of in the same 
manner as is provided under the general laws 
pertaining to the fishing industry. [L. 1907, p. 

107, § 11.] 

This penalty applies to Sections 102, 105, 106, 107, 108, 
and 110, of this compilation. 

§ 113. Justices — Concurrent .Tvriscliction. 

Justices of the peace shall have concurrent jur- 
isdiction with the circuit courts of this State, of 
all oflFenses mentioned in this act. [L. 1907, p. 

108, § 12.] 

This section applies to Sections 102, 10.5, 106, 107, 108. 
110 and 112, of this compilation. 



80 Fish Laws of Oregon 

§114. (B, & C. Code, § 4110.) Fish Appliances 
Liable to Execution for Fines. 
Any and all gear and appliances used in viola- 
tion of the provisions of this act, including boats, 
traps, nets, weirs, fish wheels, or other appliances, 
shall be subject to execution for the payment of 
fines and costs herein provided for. [L. 1901, 
p. 346, § 50.] 

§ 115. (B. & C. Code, § 4111.] Fishing Without 
License or Otherwise Unlawfully, Subjects 
Appliances to Seizure — Procedure Thereon. 
All fish traps, pound nets, gill nets, set nets, 
fish wheelS; fishing boats, and vessels used in fish- 
ing, and apparatus, and any and all appliances 
or devices which shall be used or employed by 
anj'' person or persons or corporations, including 
all such fishing appliances fished or operated by 
any person who has not obtained a license, or a 
license to operate such appliance, in fishing for 
or catching salm.on fish at or during any [time 
or in any] of the waters in this act prohibited, 
and which by this act is made unlawful, whether 
being operated by any person or left in a con- 
dition to take fish, or abandoned but left in condi- 
tion to take fish, shall be sei-^cd and be confiscated, 
condemned, and sold, and the proceeds of such 
sale shall be paid to the State Treasurer, and by 
him deposited in the hatchery fund for the dis- 
trict in which such appliance is seized ; and it is 
hereby made the duty of the fish warden to seize 
and take into his possession all such fishing 
appliances hereinbefore mentioned, which shall 
be operated wrongfully or unlawfully by any per- 
son, or left by any person in a condition to take 
fish, or abandoned by any person but left in a 



Fish Laws of Oregon 81 

condition to take fish, shall be seized and be 
confiscated, condemned, and sold, and the pro- 
ceeds of such sale shall be paid to the State 
Treasurer and by him de'^osited in the hatchery 
fund for the district in which such appliance is 
seized ; and it is hereby made the duty of the fish 
warden to seize and take into his possession all 
such fishing' appliances hereinbefore mentioned, 
which shall be operated wrongfully or unlawfully 
by any person, or left by any person in a 
condition to take fish, or abandoned by any 
person but left in a condition to take fish, 
at or during any time or in any of the waters in 
this act prohibited, and which is made unlawful 
by this act; and immediately unon such seizure 
the prosecuting attorney for the district in which 
such appliance is seized shall institute an action 
in the circuit court for that county to have such 
appliance confiscated, condemned, and sold ; such 
petition shall contain a true description of the 
appliance sought to be confiscated, condemned, 
and sold, as nearly as practicable, together with 
all marks, brands, or any special features thereof, 
calculated to designate same from other appliances 
of like nature, and, if a fixed appliance, the num- 
ber ; and shall allege facts showing that the same 
was used in violation of the provisions of this act. 
The petition shall be duly verified by the oath 
of the fish warden, or one of the deputies, and 
in such action the State of Oregon shall be plain- 
tiff, and the owner of such appliance, if known, 
shall be the defendant; and if unknown, then such 
unknown owner shall be designated as "John 
Doe," whose true name is unknown ; and such 
like proceedings shall be had and such action shall 
be prosecuted to final determination as in actions 



82 Fish Laivs of Oregon 

at law, excepting that the summons shall be issued 
by the clerk of the court, and shall require the 
defendant, if known, to appear and answer within 
fifteen days after the service of such summons 
upon him, and if he fails so to appear and answer, 
judgment of confiscation shall be entered as 
prayed for in the petition. Such summons shall 
contain a brief description of the appliance sought 
to be confiscated ; and if such defendant shall be 
unknown or cannot be found, the summons shall 
require such unknown owners to appear within 
four weeks after the first publication thereof, as 
hereinafter provided ; such summons shall be 
served upon the defendant, if known, personally 
in any county in the State; and if unknown and 
cannot be found, the summons shall be published 
for four weeks in some newspaper published in 
the county where the action is instituted. All 
persons owning or claiming any interest in such 
fishing appliance will be permitted to answer, 
setting forth their various interests, but it will 
be no defense to a judgment of confiscation that 
the owner or mortgagee or lienor of such aDpliance 
did not consent to have the same unlawfully oper- 
ated. Upon the trial of said cause the matter 
to be determined shall be whether or not the 
appliance seized was unlawfully employed, or 
suffered or permitted to be unlawfully employed, 
in violation of the provisions of this act, or used 
or operated without a license or by one not 
licensed; and if judgment shall be entered, that 
the same was used or employed, or suffered or 
permitted to be used or employed, in violation of 
this act, a judgment shall be rendered confiscat- 
ing each appliance and ordering the same to be 
sold at public auction to the highest bidder for 



Fish Laws of Oregon 83 

cash, and execution shall issue upon such judg- 
ment as in an ordinary action at law, and like 
proceedings shall be had under such execution as 
now provided by law. The money arising from 
the sale of such appliance shall be immediately 
deposited with the State Treasurer, and by him 
deposited in the hatchery fund for the district in 
which such appliance was seized. No fee shall 
be charged or collected from the Board of Fish 
Commissioners at the institution or during the 
prosecution of such action, and no judgment will 
be awarded against them or the State of Oregon 
for costs and disbursements. Should the Board 
of Fish Commissioners deem themselves aggrieved 
by the ruling or decision of the court at any time 
after the institution of said action, the right of 
appeal is hereby given the State of Oregon, to 
be prosecuted in the same manner as appeals 
in ordinary civil actions, excepting that no fee 
shall be charged the State and no bond shall be 
required on appeal. [L. 1901, p. 347, § 51.] 

§ 116. (B. & C. Code, § 4112.) The Term "Per- 
so7i" or "Persons;" What to Include. 
The term "person" or ''persons" used in this 
act shall be deemed to include partnerships and 
corporations. [L. 1901, p. 349, § 52.] 

§117. (B.&C. Code, § 4113.) Penalty for Violat- 
ing Provisions of Act. 
Anj^ person or persons violating any of the 
provisions of this act shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall 
be punished by a fine of not less than $50 nor 
more than $1,000, and the costs of the action, or 



84 Fish Laws of Oregoyi 

by imprisonment in the county jail not less than 
twenty-five days nor more than one year, or by 
both such fine and imprisonment; provided, in 
case of fine only that he be imprisoned in the 
county jail until such fine and costs of action be 
paid, he shall be credited on such fine and costs 
the sum of $2.00 for each day of imprisonment. 
In all actions for violations of the provisions of 
this act one-third of the moneys collected as fines 
shall be paid to the district attorney, or his 
deputies, who conducts the action ; one-third shall 
be paid to the informer or prosecuting witness ; 
provided, such informer or prosecuting witness is 
not a regularly appointed and salaried fish war- 
den, or salaried deputy warden ; the remaining 
one-third or two-thirds, or all, as the case may 
be, shall be paid to the Master Fish Warden and 
by him deposited with the State Treasurer, to be 
placed in the "hatchery fund" for the district in 
which said fine was imposed. [L. 1903, p. 237, 
§ 15.] 

§ 118. Fii'e, Game and F^ish Wardens, Ex Officio. 
That from and after the passage of this act the 
sheriflfs, and deputy sheriffs of the counties and 
constables of the various precincts and districts 
of the State of Oregon, shall be and hereby are 
created ex officio fire, game, and fish wardens. 
[L. 1903, p. 140, § 1.] 

§ 119. Duties of Wardens. 

It shall be the duty of said fire, game, and fish 
wardens to enforce all statutes of the State now 
in force, or that may hereafter be enacted, for 
the protection of forests and timber lands from 
fire, and for the protection of game, game birds. 



Fish Laws of Oregon 85 

game mammals, song and insectivorous birds, and 
fish, and for the protection of chinook, silverside, 
steelhead, and all other anadromous species of 
salmon and other fish; and said sheriffs, deputy 
sheriffs, constables, or wardens, shall have 
authority to arrest, w^ithout warrant, any person 
or persons caught by them in the act of violating 
any of the aforesaid laws for the protection of 
forests and timber lands, game and food and game 
fish, and take such person or persons forthwith 
before a justice of the peace, or other magistrate 
having jurisdiction, who shall proceed without 
delay to hear, try, and determine the matter. 
Such arrests may also be made on Sunday, in 
which case the person or persons arrested shall 
be taken before the proper officer, and proceeded 
against as soon as mav be on a week day following 
the arrest. [L. 1903, p. 140, § 2.] 

§ 120. Poiver to Search Without Warrant. 

Said sheriff, deputy sheriffs, constables, or 
wardens shall have power without warrant, to 
search and examine any boat, conveyance, vehicle, 
fish box, fish basket, game bag, or game coat, or 
other receptacle for game or fish, when they have 
good reason to believe that any of the laws for 
the protection of forests and timber land, game 
and food fish, have been violated ; and the said 
sheriffs, deputy sheriffs, constables, or wardens 
shall at any time seize and take possession of any 
and all birds, animals, or fish which have been 
caught, taken, or killed at any time in a manner 
or for a purpose, or had in possession or under 
control, have been shipped or about to be shipped, 
contrary to any of the laws of this State; and 



86 Fish Laws of Oregon 

seize and take possession of any and all fishing 
appliances and boats fished, operated, or main- 
tained in violation of any of the game or fish laws 
of the State. Any court having jurisdiction of 
the offense upon receiving proof of probable cause 
for believing in the concealment of any bird, ani- 
mal, or fish, caught, taken, killed, had in posses- 
sion, under control or shipped, or about to be 
shipped, contrary to the law, shall issue a search 
warrant and cause a search to be made in any 
place, and to that end may, after demand and 
refusal, cause any building, inclosure, or car to 
be entered, and any apartment, chest, box, locker, 
crate, basket, or package to be broken open and 
the contents thereof examined by any said sheriff, 
deputy sheriff, constable, or warden. All birds, 
animals, or fish, or nets or fishing appliance or 
apparatus, seized by any sheriff, deputy sheriff, 
constable or warden shall be disposed of in such 
manner as may be directed by the court before 
whom the offense is tried, and such sheriff, 
deputy sheriff, constable or warden shall not 
be liable for damages on account of any 
search, examination, or seizure, of the confisca- 
tion of any nets or fishing appliance or apparatus 
of anv kind in accordance with the provisions of 
this act. [L. 1903, p. 141, § 3.] 

§ 121. Additional Fees From. Fifies. 

Any sheriff, deputy sheriff, constable, or war- 
den, as informer or prosecutor, upon the arrest 
and prosecution of any offender to conviction 
under the provisions of this act, shall, in addition 
to the fees to which he may be entitled under 
existing laws, be entitled to receive one-third of 



Fish Laws of Oregon 87 

the money collected as fines in such action. [L. 
1903, p. 141, § 4.] 

This section applies only to Sections 11 !> and 120, of this 
compilation. 

§ 122. Violations — Returns of Officers — Penalty. 

Each of the said sheriffs, deputy sheriffs, con- 
stables or wardens shall, for the purpose of this 
act, have concurrent jurisdiction throughout his 
own proper county ; and they shall in the first 
week of each term of the circuit court of their 
respective counties, make special returns to said 
court, under oath, of all violations occurring in 
their respective counties or districts, or which 
may come or be brought to their notice, of any 
of the provisions of any law now in force, or 
that may hereafter be enacted for the protection 
of the forests and timber lands, game, and fish; 
and it shall be the duty of the judge of said court 
to see that such returns are faithfully made, and 
any sheriff, deputy sheriff, constable, or warden 
willfully neglecting or refusing to make such 
returns, or to prosecute any offense under said 
laws of which he shall have personal knowledge, 
or of which he shall have notice in writing by 
any citizen, giving the name of the offender, 
together with the names of the witnesses, shall 
be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be sentenced to pay a 
fine of $50, or to undergo an imprisonment in the 
county jail of two months, both or either, at the 
discretion of the court. [L. 1903, p. 142, § 5.] 



88 Fish Laivs of Oregon 



OYSTER BEDS: PROPAGATION AND 
GATHERING. 

§123. (B. & C. Code, § 4122.) Natural Oyster 
Beds Free — Artificial Beds Private Property. 
The natural beds of oysters on the waters of 
this State shall be free to all citizens thereof who 
shall have resided in this State one year, and 
shall have been residents of the county where 
such beds are located for a period of six months 
immediately preceding- the time of taking such 
oysters ; but artificial plantations of oysters be- 
longing to citizens of this State, if distinctly 
marked out by means which shall not obstruct 
navigation, and not exceeding the extent allowed 
by local regulations, shall be deemed and protected 
as private property; and the following portions 
of Yaquina Bay, in Benton County, are hereby 
designated and set apart for artificial plantations 
of oysters, to-wit: Brown's Flat, Pool's Slough, 
Lyman's Eddy and Green Point ; and the size and 
dimensions of said oyster beds shall remain as 
they have been fixed by the local regulations of 
the oystermen's association, not exceeding two 
acres in any one plantation ; and every person 
holding a claim for the cultivation of oysters shall 
in all respects complv with the local regulations 
applicable thereto. [L. 1862, D. Cd., p. 830, § 1 ; 
L. 1868, p. 14, § 1 ; L. 1870, p. 78, § 1 ; H. C. 
§ 3844.] 

■ For penalty see Section 127 of this compilation. 



Fish Laws of Oregon 89 

§ 124. (B. & C. Code, § 4123.) Close Season as 
to Natural Beds. 
No person shall remove oysters from natural 
beds between the fifteenth day of June and the 
tenth day of September in any year; provided, 
that nothing in this chapter shall be so construed 
as to prevent any person owning artificial beds 
from taking oysters from said beds at anv time. 
[L. 1864, D. Cd., p. 830, § 2; H. C. § 3845.] 

P^'oi' penalty see Section 127 of this compilation. 

§ 125. (B. & C. Code, § 4124.) WJio Privileged 
to Take Oysters. 
No person not a citizen of the United States 
or competent to become such under the laws of 
Congress, and actually domiciled within the State, 
and subject to state and county taxes, shall gather 
oysters in natural beds, for sale or transportation 
or for replanting, nor shall own any artificial 
oyster bed or any interest therein ; nor shall any 
person purchase oysters for transportation or 
replanting except from persons so qualified. [L. 
1862, D. Cd., p. 830, § 3; H. C. § 3846.] 

For penalty see Section 127 of tliis compilation. 

§ 126. (B. & C. Code, § 4125.) Regulations for 
Taking Oysters Fro7n Natural Beds. 
No person shall gather or take oysters from 
natural beds within the waters of this State with 
a scoop, scrape, drag, or dredge where the water 
is of less depth than twenty-four feet at low tide ; 
nor shall anj^ person gathering oysters from 
natural or artificial beds commit or permit waste 
by casting young oysters or shells on shore or in 



90 Fish Laws of Oregon 

places unfavorable to their growth or increase. 
[L. 1862, D. Cd., p. 830, § 4; L. 1868, p. 14, § 4; 
L. 1876, p. 7, § 1 ; H. C. § 3847.] 

Kor iicnalty see Section 127 of this compilation. 

§ 127. (B. & C. Code, § 4126.) Penalty for Viola- 
tion of Provisions of Sections .kl22, 1^123, 
U12U, and 4125, B. & C. Code. 
Every person who shall be guilty of violating 
any provision of Sections 4122, 4123, 4124, and 
4125, shall, on conviction thereof, be fined in any 
sum not exceeding $1,000 for every such offense. 
[L. 1862, D. Cd., p. 830, § 5 ; L. 1870, p. 67. § 1 ; 
H. C. § 1951.] 



Fish Laws of Oregon 91 



PLANTED OYSTERS. 

§ 128. Unlawful to Gather or Have in Possession. 
From and after the passage of this act it shall 
be unlawful, for a period of four years, to gather 
or attempt to gather, to have in possession, or 
to offer for sale, any eastern, native, or other 
oyster, or their progeny, that have heretofore or 
may hereafter be deposited or planted by the 
State Biologist, or the United States Fish Com- 
mission, in the waters of Oregon; provided, that 
this section shall not apply to the taking, or having 
in possession any such oysters by said biologist. 
[L. 1905, p. 203, § 1.] 

For penalty s^e Section KM of this compilation. 



§ 129, State Biologist, Duty to Mark Location. 

It shall be the duty of the State Biologist, im- 
mediately after such oysters are planted, to 
designate the place, in such manner as he may 
deem sufficient, by placing or causing to be placed, 
stakes, post buoys, sign boards, or other devices, 
as the condition of the location may admit; p7^o- 
vided, hoivever, that the extent of any portion of 
the natural oyster beds of Yaquina Bay, Lincoln 
County, Oregon, which may now or hereafter be 
occupied for the purpose of planting eastern, 
native, or other oysters, by the State Biologist or 
the United States Fish Commission, shall not 
exceed one acre. [L. 1905, p. 204, § 2.] 



92 Fish Laws of Oregon 

§ 130. Unlawful to Remove or Damage Devices 
Marking Oyster Beds. 
It shall be unlawful for any person or persons 
to willfully or maliciously remove or damage any 
stakes, post buoys, sign boards, or other devices 
placed in the water or upon shore for thg purpose 
of designating the place where such oysters are 
planted. [L. 1905, p. 204, § 3.] 

For penalty see Section 131 of this compilation. 

§ 131. Penalty for Violating Preceding Sections. 
Any person who shall violate any of the pro- 
visions of the foregoing sections of this act, shall, 
upon conviction, be fined not less than $10 nor 
more than $50, or be imprisoned not less than five 
days nor more than twenty-five days in the county 
jail. And it shall be the duty of the State Master 
Fish Warden, his deputies and water bailiffs, as 
well as peace officers, to m.ake arrests and institute 
prosecutions for the violation of this act ; and one- 
half of each fine collected shall be paid to the 
inform.er. [L. 1905, p. 204, § 4.] 

§ 132. Board of Fish Commissioners to Regidate 
The State Board of Fish Commissioners shall 
have control of all the natural oyster beds in 
the waters of this State and shall prescribe such 
rules and regulations for the protection of oysters, 
therein, and for the taking of oj^sters and oyster 
spat shells therefrom as shall in the judgment of 
the board be for the best interests of the industry ; 
but no part of such natural beds shall be leased 
to any person or persons, firm or corporation ; 
and provided, that no person or persons shall b-^ 
allowed to take oysters, spat, or shells from said 



Fish Laws of Oregon 93 

natural beds except they have been a citizen of 
this State for one year and a citizen of the county 
wherein such beds are located for a jjeriod of six 
months next preceding: the taking of such oysters, 
spat, or shells; and provided, further, that nothing 
in this act shall be construed so as to operate or 
interfere with any rights in, or ownership of, 
any private plantations of oysters or oyster beds 
acquired or held under existing laws. [L. 1907, 
p. 378, § 1.] 

§ 133. Board Shall Adopt Rules and Regulations: 
Publication. 
Within sixty days from the passage of this act 
the said State Board of Fish Commissioners shall 
adopt such rules and regulations and shall cause 
to have them published in a weekly newsr)a^er 
published in the county wherein such natural beds 
are situated for four consecutive weeks and there- 
after it shall be unlawful for any person or 
persons to take oysters from such natural beds 
unless they comoly strictly with all of the regu- 
lations made bv the board covering the same. [L. 
1907, p. 378, § 2.] 

For penalty see Section 1 10 of tliis compilation. 

§ 134. Fish Wardens to Have Jurisdiction. 

The Master Fish Warden, deuuty fish wardens, 
and water bailiffs shall have the same authority 
for the carrying out and enforcing of the rules 
and regulations of the board in relation to the 
oyster beds as thev have under the fishing laws 
of this State. [L. 1907, p. 378, § 3.] 

For penalty see Section 140 of this compilation. 



94 Fish Lairs of Oregon 

§ 135. Unlmvful to Take Oysters Planted by 
Another. 
It shall be unlawful for any person without 
due authority, or without permission from the 
owner thereof to take or carry away any oysters 
or other shellfish lawfully planted or cultivated 
in any waters of this State, or any oysters, clams, 
or other shellfish, being on any place duly desig- 
nated for the planting or cultivation of oysters 
and other shellfish, or to remove oysters or other 
shellfish belonging to any person, either from pri- 
vate lands, private beds, cull beds, or from any 
bed, wharf, float, or water craft whatsoever. [L. 
1907, p. 378, § 4.] 

For penalty see Section 140 of this compilation. 

§ 136. Unlawful to Rake Oyster Beds. 

It shall be unlawful for any person while sail- 
ing or passing upon or over any oyster ground 
or oyster bed, to cast, haul, or heave overboard, 
any drag, tongs, rake, or other implement for the 
taking of oysters or shellfish of any description, 
under any pretense whatever, without the consent 
of the lessee or owner of such oyster grounds or 
oyster bed. [L. 1907, p. 379, § 5.] 

For penalty see Section 140 of this compilation. 

§ 137. Snhstances Injurious to Oysters Unlaivful 
to Deposit. 
It shall be unlawful for any person to deposit 
into, or allow to escape into, or cause or permit 
to be deposited into, or escape into any of the 
public waters of this State, any substance of any 
kind whatever, which will or shall in any manner 
injuriously aff'ect the life, growth, or flavor of 



Fish Laivs of Oregon 95 

oysters or other shellfish in or under said waters. 
[L. 1907, p. 379, § 6.] 

P'oi- penalty see Section 110 of this compilation. 

§ 138. Unlawful to Injure Oyster Enclosure. 

It shall be unlawful to willfully injure any 
oyster enclosure, legally designated, marked out 
or enclosed, or to remove or injure any boundary 
monuments, stakes, or buoys used to mark out 
any oyster ground. [L, 1907, p. 379, § 7.] 

For penalty see Section 140 of this compilation. 

§ 139. Word "Person" Includes Firms mid Cor- 
porations. 
Wherever the word "person" is used in this 
act, it shall be deemed to mean, person, persons, 
firm, firms, corooration, or corporations. [L. 
1907, p. 379, § 8.] 

§ 140. Penalty. 

Every person who shall be guilty of violating 
any of the provisions or sections of this act shall, 
upon conviction thereof, be punished by a fine in 
an\^ sum not less than one hundred dollars, and 
not exceeding one thousand dollars, or imprison- 
ment in the county jail for not less than one month, 
nor more than one year, or by both such fine and 
imprisonment. [L. 1907, p. 379, § 9.] 

The act i-eferred to in this section includes Sections 132, 
IZZ. 134. 135, 136, 137, 138, and 139, of this compilation. 

§ 141. (B. & C. Code, § 4129.) Oyster Plantations 
in Netarts Bay, Regidation of. 
That portion of Netarts Bay, in Tillamook 
County, Oregon, lying south of the quarter-section 
line running east and west through the center of 
section 19, in township 2 south, range 10 west of 



96 Fish Laws of Oregon 



the Willamette Meridian, is hereby designated as 
natural o^^ster beds; and that portion of said bay 
lying north of said quarter-section line is hereby 
designated and set apart for artificial plantations 
of oysters ; and the sizes of such artificial planta- 
tions shall be as fixed by the local regulations of 
any oystermen's association now existing or here- 
after to be formed on said bay, not exceeding two 
acres in any one plantation, and every person 
holding a claim for the cultivation of oysters on 
said bay shall in all respects comply with the local 
regulations applicable thereto; provided, however, 
that no person, firm, corporation, or association 
shall be entitled to locate more than one such 
claim. [L. 1901, p. 128, § 1.] 



Fish Latvs of Oregon 97 



CRABS. CLAMS AND CRAWFISH. 

§ 142. Protectio7i of Crabs in Coos County. 

It shall be unlawful for any person within the 
county of Coos, State of Oregon, or within or 
upon the waters thereof, including all bays, har- 
bors and inlets of said county, to kill, take, capture 
or destroy any greater number than fifty salt 
water crabs in one day; and it shall be unlawful 
for any person or persons, firm or corporation 
within said county or upon the water thereof, to 
sell or offer for sale, exchange or transport out- 
side of the said county, or have in possession, for 
the purpose of such sale or exchange or transpor- 
tation from said county, any of the aforesaid salt 
water crabs ; and it shall be unlawful for any 
steamboat, express company, or any other com- 
mon carrier, or corporation, or the officers or 
agents thereof, or any other person, to transport 
or carry out of said county, or to receive or have 
in possession for the purpose of such transporta- 
tion therefrom, any salt water crabs, except for 
the purpose of exhibition or propagation ; 'pro- 
vided, that this act shall apply to the canning 
product of salt water crabs within the said county 
and the exportation of the same therefrom. [L. 
1907, p. 52, § 1.] 

For penalty see Section 14 3 of this compilation. 

§ 143. Penalty. 

Any person or persons, or any manager, presi- 
dent, agent, or employee of any firm or corpora- 
tion, who shall violate or assist in the violation of 
any of the provisions of this act, shall be deemed 
4 



98 Fish Laws of Oregon 

guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine of not less 
than $25, and not more than $500, together with 
the costs of the prosecution, and in default of the 
payment of such fine, shall be imprisoned in the 
county jail one day for every two dollars of such 
fine until the whole thereof shall be paid. [L. 
1907, p. 52, § 2.] 

§ 144. Justices to Have Concurrent Jurisdiction. 
Justices of the peace shall have concurrent juris- 
diction with the circuit courts of this State of all 
offenses mentioned in this act. [L. 1907, p. 52, 
§ 3.] 

§ 145. Closed Season for Crahs. 

It shall be unlawful for any person or persons, 
firm or corporation, or any person whatsoever, 
to take or fish from any of the waters of the State 
of Oregon, or have in their possession after the 
same has been taken, for the purpose of canning 
or shipping out of the county in which they are 
taken, any crabs during the months of July, 
August, and September of any year. [L. 1909, p. 
374, § 1.] 

For penalty see Section 150 of this compilation. 

§ 146. Number of Crabs to Be Taken in One Day. 
It shall be unlawful for any person or persons, 
firm or corporation, to kill, take, or fish from any 
of the waters of the State of Oregon any greater 
number than fifty crabs in one day. [L. 1909, 
p. 374, § 2.] 

For penalty see Section 150 of this compilation. 



Fish Laws of Oregon 99 

§ 147. Size of Crabs That May Be Taken. 

It shall be unlawful for any person or persons, 
firm or corporation, to take or have in their 
possession, for the purpose of sale or canning, 
where it is lawful to sell and can same, any male 
or female crab measuring less than six inches 
across its back. [L. 1909, p. 374, § 3.] 

For penalty see Section 150 of this compilation. 

§ 148. Closed Season for Clams. 

It shall be unlawful for any person or persons, 
firm or corporation, or any person whatsoever, 
to take or dig clams from the sands on the ocean 
beach of the Pacific Ocean, in the State of Oregon, 
or to have in their possession after the same have 
been taken, for the purpose of canning, or shipping 
out of the county in which they are taken, between 
the first day of June and the thirty-first day of 
August, of any year. [L. 1909, p. 374, § 4.] 

For penalty see Section 150 of this compilation. 

§ 149. Closed Season for Craivfish, Clatsop County 
Excepted. 
It shall be unlawful for any person or persons, 
excepting residents of Clatsop County, to take, 
fish for, or have in their possesison any crawfish 
taken from the waters of the State of Oregon 
during the months of November, December, Janu- 
ary, or February of any year. [L. 1909, p. 374, 
§ 5.] 

For penalty see Section 150 of this compilation. 

§ 150. Penalty. 

Any person violating any of the provisions of 
this act shall be deemed guijty of a misdemeanor, 
and upon conviction shall be punished by a fine 



100 Fish Laws of Oregon 



of not less than $50 nor more than $100, and the 
costs of the action. Said fine to be paid to the 
Master Fish Warden and by him deposited with 
the State Treasurer to the credit of the hatchery 
fund for the district in which the fine was imposed. 
[L. 1909, p. 374, § 6.] 



INDEX 



A 

ALSEA BAY — SECTION. 

Closed season for salmon on 61 

Regulation of fishing on 63 

Wheels, traps, etc., unlawful on 65 

APPEAL — 

By Fish Commissioners 115 

From decision of Fish Warden as to license fees 107 

APPLIANCES— 

Confiscation of 115 

Liable to execution for fine 114 

Inspection by warden 12 

License for 101 

Regulations concerning '. 92 

Unlawful to u.se without license 91, 99 

APPROPRIATIONS— 

For central hatchery 37 

For salmon hatcheries, coast streams 34 

For protection of salmon and sturgeon 36 

Vouchers to be approved and audited 35, 38 

ARREST — ■ 

Power of wardens, without warrant 11, 119 

ATTORNEY-GENERAL — 

Duty to advise Fish Commissioners 13 

B 

BEAVHR CREEK — 

Closed season for salmon 61 

BOARD OF FISH COMMISSIONERS— 
(See Fish Commissioners.) 

BOATS— 

Used by fishermen to be numbered, how 92 



102 Index 



BOND — Section. 

Of clerk 3 

Of deputy fish wardens 1 

Of deputy fish wardens for District No. 2 2 

Of Master Fish Warden 1 

BURDEN OF PROOF — 

In prosecution of violation of act relating to salmon 78 

In prosecution of non-citizen and non-resident fishermen.... 100 

c 

CANALS — 

Must have wire screens at inlet 98 

CANNERIES — 

Classified 105 

Fish warden may inspect 12, 107 

License fees to be paid by .• 105 

To report to fish warden - 110 

CARP— 

Destruction of, lawful when 96£r 

CENTRAL HATCHERY — 

Appropriation for 37 

Purpose of 37 

CHETCO RIVER— 

Protection of salmon 61 

CHINESE STURGEON LINES — 

Prohibited 95 

CLAMS— 

Penalty for violating law concerning 150 

Protection of 14 8 

CL.A.TSOP COUNTY — 

Taking crawfish in 149 

CLERK — 

Appointment, bond, and compensation 3 

COAST STREAMS— 

Protection of salmon 61 

COCCULUS INDTCUS— 

Unlawful to use, when 96 



Index 103 



COLD STORAGE HOUSES— Section. 
Warden may inspect 12, 107 

COLUMBIA RIVER— 

Closed season 41 

Salmon fishing regulated 42 

Sturgeon protected : 44 

CONSTABLES — 

Additional fees of 121 

Duty to enforce fish laws 67 

Ex officio fi.sh wardens 118 

Report to circuit court 122 

COOS BAY — 

Protection of salmon 60 

COOS COUNTY — 

Protection of crabs .- 142 

COOS RIVER— 

Protection of salmon 60 

COQUILLB RIVER — 

Protection of salmon 60 

CRABS — 

Closed season for 145 

Number lawful to take 146 

Penalty for violation of act 143 

Protection in Coos County 142 

Size of crabs that may be taken 147 

CRAWFISH — 

Penalty for violation of law pertaining to 150 

Protection of 149 

D 

DAMS — 

Fishing, unlawful to maintain 68 

DEALERS — 

Classification of 106 

Dealing in salmon, etc., without license unlawful 102 

License fees, how obtained and amount 106 

To report to fish warden 110 



104 Index 



DYNAMITE^ Sectiox. 

Use of in water prohibited, wlien 96 

Fisliing with prohibited 96 

E 

ELK CREEK — 

Closed season for salmon on 61 

ELK RIVER — 

Closed season for salmon on 61 

EXPLOSIVES — 

Fishing with prohibited 96 

Use of in water unlawful, when 96 

F 

FISH COMMISSIONERS — 

Board, how constituted 1 

Expenses, how audited and paid 14 

May apply to Attorney-General for advice 13 

May erect racks, traps, etc., for hatchery purposes 20 

May propagate food fishes 21 

May take fish at any time for propagation 24 

To appoint Master Fish Warden and deputy 1 

To appoint water bailiff 1 

To appoint deputy for District No. 2 2 

To approve bonds 1 

To audit bills of fish warden and exercise supervisory 

control over 14, 16 

To receive only expenses 15 

FISHING — 

Who may engage in 100 

Without license, penalty 117 

FISHING APPLIANCES — 

Forfeiture 78, 115 

Liable to execution for fines 114 

FISHING LICENSES — 
(See licenses.) 

FISHWAY— 

Hindering pas.sage of fish prohibited 84 

Obstructions to be removed 81 

To be under care of Fish Commissioners 85 

Unlawful to fish within 600 feet of 81 



Index 105 



FORFEITURE — ' Section. 
Of fishing appliances 78, 115 

FOUL HOOKS — 

Prohibited ^^ 

FISH WARDEN — 

Additional fees ^'^^ 

Annual report and suggestions to board 10 

Appointment and compensation 1 

Arrest, authority without warrant H 

Authority to extend to oyster industry 134 



Bond 



1 



Certificate sufficient proof of issuance of license 109 

Compensation '- 

Deputy — 

Appointment, compensation and bond 1 



Duties of 



Authority to arrest H 

Special for District No. 2 2 

May confiscate property, when 78, 115 

May grant permission to use explosives, etc 96 

May inspect canneries, etc 12. 107 

Report to circuit court 122 

Salary and expenses, how audited 14 

To aid in pi-otection of salmon on Columbia 9 

To appoint clerk 3 

To keep books and devote entire time * 9 

To keep recoi'd of licenses and applications 107 

To license fishing 101 

To license trout hatchery 28, 30 

To supervi.se patrol boats 6 



G 

GAFFS— 

Prohibited 



77 



GAS— 

Not to be used in water, when 96 



GIANT POWDER — 
Unlawful to use, when 



96 



GOVERNOR — 

Member of Board of Fish Commissioners 1 



106 Index 



' H 

HATCHERY— Section. 

Central hatchery 37 

Claims to be approved 38 

Construction of 16 

Fund, how constituted and kept 17 

Location of 16 

Location of in adjoining State .- 19 

Maintenance of 16 

Private hatchery- 
Disposition of fines and license fees 32 

License fees of 28 

License fees of dealer in product 30 

Payment to out of license money 18 

Penalty section 33 

Quarterly report of 29 

Sale of products 27 

t^nlawful to take fish, when 31 

Wnat constitutes 26 

Who may operate 25 

HOQUARTON SLOUGH — 

S.almon protected 57 

I 

ILLINOIS RIVER— 

Appropriation for blasting reefs 79 

Penalty for violation of act 48 

Sale of fish taken from, regulated , 47 

Salmon protected 45 

J 

JUSTICES — 

To have concurrent jurisdiction of 

offenses 23, 49, 56, 75, 87, 113, 144 

K 

KILCHTS RIVER^ 

Salmon protected 57 

KLAMATH RIVER — 

Salmon protected 61 



Index 107 

L 

LICENSE — Section. 

Canneries, amount and classification 105 

Citizens, licenses issued only to 100 

Dealers, amount and classification 106 

Dealers in product of private hatchery 30 

Fishing without unlawful, when 99 

From Washing-ton State, when sufficient 92, 100 

How obtained and amoimt of fee 101 

Packing or dealing without, unlawful 102 

Proof of issuance 109 

Record of license applications 107 

Traps, nets, wheels, etc 91 

What to contain 108 

LIME — 

Not to be cast into water, when 96 

M 

MASTER FISH WARDEN — 

(See fish warden.) 
MIAMI RIVER — 

Salmon protected 57 

N 

NECANICUM CREEK — 

Set nets 71 

Seines and drag nets 72 

NECANICUM RIVER— 

Closed season 61 

Traps, nets and other fixed devices unlawful 70 

NEHALEM RIVER — 

Closed season for salmon 61 

NESTUCCA BAY— 

Closed season for salmon 61 

NETARTS BAY — 

Oyster plantations 141 

o 

OBSTRUCTION — 

In streams prohibited 81 

OREGON CITY FISHWAY— 

Hindering passage of fish at 84 

Improvement and repair 85 

Penalty 86 

Removal of obstructions above 88 



108 Index 



OYSTERS AND OYSTER BEDS — Section. 

Artificial beds private property 123 

Board to regulate oyster industry 132 

Closed season on natural beds 124 

Natural beds, free to whom 123, 125 

Netarts Bay, plantations in 141 

Oyster enclosure, unlawful to injure 138 

Penalty for violating oyster laws 127, 131, 140 

Planted oysters — 

Damaging marking devices unlawful 130 

Penalty for violating act 131 

State biologist to mark location 129 

Unlawful to gather or have in possession, when 128 

Unlawful to take tliose of another 135 

Raking oyster beds unlawful 136 

Regulations for taking from natural beds 126 

Substances injurious to oysters 137 

Who privileged to take oysters 125 

P 

PATROL BOATS — 

Appropriation for 4 

Construction of 5 

Expense claims, how approved and vouchered 8 

Maintenance of 7 

Supervision of by Master Fish Warden 6 

PENALTY — 

Sections 33, 48, 54, 58, 64, 69a, 74, 78, 86, 94, 104, 112. 

117, 127, 131, 140, 143, 150 
"PERSON" OR "PERSONS"'— 

Defined Ill, 116, 139 

PISTOL RIVER — 

Closed season for salmon 61 

PLACING FISH IN WATER— 

Without authority of Board, unlawful 22 

PLANER SHAA^NGS — 

Unlawful to cast into stream 97 

POISON— 

Unlawful to place in water, wlien 96 

POSSESSION OF FISH— 

During closed season prohibited 89 



Index 109 



POUND NET— Section. 

Duty of owner 93 

Regulation : ' 92 

Unlawful to operate w^ithout license 91 

POWDER — 

Fishing with prohibited 96d 

Unlawful to use in water, when 96 

PRIVATE PROPAGATION — 

Of trout authorized 25 

PROPAGATION— 

Authority of Fish Commissioners 21 

Officers may take fish at any time for 24 

PURSE NET — 

License to use 103 

Penalty for using unlawfully 104 

Unlawful to u.se, when ■. 103 

R 

RIPARIAN OWNERS — 

Exclusive rights of 69 

ROGUE RIVER — 

Appropriation for blasting reefs 80 

Blasting out reefs authorized 79 

Closed season on 45 

Obstruction of unlawful 50 

Penalty for violation of act 48 

Sale of salmon taken from, regulated 47 

Sale of trout taken from, regulated 52 

Shipping of trout taken from, regulated 53 

Trout protected in .• 51 

s 

SALMON — 

Appropriation for protection of 36 

Burden of proof in prosecutions 78 

Closed season — 

On Alsea Bay 61 

On coast streams 61' 

On Columbia east of Deschutes 42 

On Columbia west of Deschutes 41 

On Coos Bay and river 60 

On Coquille River 60 

On Rogue River 45 



110 Index 



SALMON — Closed Season— Continued Section 

On Tillamook Bay and tributaries 57 

On Umpqua River 59 

On Willamette River 43 

Contraband, disposition of 78 

Defined 39, 46 

Fish wheels or traps in Alsea Bay prohibited 65 

Fishing without license prohibited 99 

Frightening unlawful 82 

Gaffs, spears and foul hooks prohibited 77 

Gravid, unlawful to take 76 

License, fishing without unlawful, when 99 

May be taken at any time by accredited officer 24 

Not to be taken near fishway 81 

Possession during closed season unlawful 89 

Propagation of 21 

Spawning, unlawful to take ; _ 76 

Unlawful to pack or deal in without license 102 

Unlawful to take within two miles of hatchery, etc 20 

Young protected 76 

SALMON RIVER— 

Closed season for salmon on 61 

SAWDUST— 

Unlawful to cast in streams, penalty 97 

SEARCH — 

Without warrant 120 

SECRETARY OF STATE— 

Member of Board of Fish Commissioners 1 

SEINES — 

In Necanicum Creek 72 

Regulation of '. 92 

Size of mesh, how determined 73 

Unlawful to operate without license 91 

SET NETS — 

In Necanicum River, regulated 71 

Regulation of 92 

Unlawful to operate without license 91 

SHERIFFS— 

Additional fees of 121 

Duty to enforce fish laws 67 

Ex officio fish wardens 118 



Index • 111 



SHERIFFS— Co/i«mi(erf Section 

Power to arrest without warrant 119 

Power to search without warrant 120 

Report of to circuit court 122 

siIjEtz river — 

Closed season for salmon 61 

SUISLAW RIVER — 

Closed season for salmon 61 

SIXES RIVER — 

Closed season for salmon 61 

SPEARS— 

Prohibited 77 

STATE TREASURER — 

Member of Board of Fish Commissioners 1 

STURGEON— 

Appropriation for protection 36 

Protection in Columbia River 44 

Unlawful to fish for without license 99 

Unlawful to pack or deal in without license 102 

T 

TILLAMOOK BAT AND TRIBUTARIES — 

Closed season 57 

TILLAMOOK RIVER — 

Salmon protected 57 

TRAPS — 

Fish Commissioners may erect, when 20 

Regulation of '. 92 

Size of regulated 68 

Unlawful in Alsea Bay 65 

Unlawful to operate without license 91 

TRASK RIVER— 

Salmon protected in 57 

TROUT — 

Defined 55 

Penalty for violation of act 54 

Protection of in Rogue River 51 

Sale of, taken from Rogue River, regulated 52 

Shipping of, taken from Rogue River, regulated 53 

TROUT HATCrlERIES — 

Lawful to maintain 25 

Product of may be sold 27 

Product of. license for dealing in 30 



112 • Index 



> 



TROUT TJATCHTSUIES— Continued Section 

Protection of 31 

Punishment for taking trout from 33 

Report of person in charge of 29 

Sale of hatchery products, when lawful 27 

Who deemed to be conducting 26 

Unlawful to operate without license 28 

u 

UMPQUA RIVER— 

Salmon protected 59 

WARDENS— W 

(See fish wardens.) 

WASHINGTON— 

License from, when sufficient 92, 100 

WEIRS — 

Size of, regulated 68 

Use of, regulated '. 92 

Unlawful to operate without license 91 

WHEELS — 

Not to be concealed 90 

Size of, regulated 68 

Unlawful to operate without license 91 

Unlawful to use in Alsea Bay 65 

Use of, regulated 92 

WILLAMETTE RIVER — 

Closed season 43 

WILSON RIVER — 

Salmon protected 57 

WINDCHUCK RIVER — 

Closed season for salmon 61 

WIRE SCREENS — 

Penalty for not maintaining 98 

Required, where 98 

Wliere to be located 98 

Y 

YAQUINA BAY AND TRIBUTARIES — 

Artificial oyster beds in 123 

Closed season for salmon on 61 

Fishing, except angling, unlawful on 62 

YOUNG SAjuMON — 

Protected ,^. 76 

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